PROBLEMS AND CONFLICTS RELATED TO MEASURES TO ENSURE THE RIGHT TO A FAIR TRIAL IN ACCORDANCE WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Abstract

Notwithstanding the law governing the dispute, everyone has the right to a fair and impartial trial, as stated in the first paragraph of Article 6 of the European Convention on Human Rights. This provision emphasises an impartial trial within a reasonable time without taking into account the civil, administrative, criminal nature of the case. Because the court`s decision is announced publicly, the press and the public may not be allowed into the courtroom in order not to harm the interests of justice. This process is implemented in the interests of a democratic society, namely public order, national security and morality. The purpose of the article is an analysis of problems and conflicts in the field of criminal and constitutional law related to measures to ensure the right to a fair trial in the light of the European Convention on Human Rights, including the analyses of the cases in the ECtHR related to Article 6 of the European Convention on Human Rights and the consideration of the problems faced by the two sides of the lawsuit. The main research methods are analysis and synthesis, comparative and formal legal methods, using of which ensured an analysis of the legal framework of national and international law, doctrinal approaches and practise of the ECtHR in the context of the problems, conflicts and counteractions encountered in ensuring the right to a fair trial. The conclusions point to conflicts in such cases, and provide theoretical advice on how to improve them.