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

Authors

  • GANNA SOBKO
  • HALYNA MULIAR
  • MYROSLAV HRYHORCHUK
  • OLEKSANDR HOLOVKO
  • IVAN DRALIUK
  • IELYZAVETA LVOVA

DOI:

https://doi.org/10.26619/1647-7251.14.2.14

Keywords:

Fair trial, European Court of Human Rights, protection of human rights, human freedom

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.

Author Biographies

GANNA SOBKO

Professor of the Department of Criminal Law and Criminology of Odesa State University of Internal Affairs; special rank - Police Major.

HALYNA MULIAR

Doctor of Law, Associate Professor, Professor of the Department of Criminal Law, Procedure and Criminalistics of the Academy of Labor, Social Relations and Tourism. She is the author of more than 80 scientific papers. She is the author of eight monographs.

MYROSLAV HRYHORCHUK

By the decision of the Specialized Academic Council of the National Academy of Internal Affairs of the Ministry of Internal Affairs of Ukraine, the scientific degree of Candidate of Legal Sciences was awarded with a specialization in administrative law and process, financial law, information law. As a consultant to the Committee of the Verkhovna Rada of Ukraine on National Security and Defense, he participated in the preparation of a number of draft laws of Ukraine. He is the author of more than sixty scientific works on the topics of ensuring Ukraine's foreign economic and economic security, as well as protecting the rights of business entities. He has published his scientific achievements in the publications of the Verkhovna Rada of Ukraine, the NSDC of Ukraine, professional journals of the National Academy of Sciences of Ukraine, higher educational institutions, and abroad.

OLEKSANDR HOLOVKO

Doctor of Law, Professor, Vice-Rector for Scientific and Pedagogical Work of V. N. Karazin Kharkiv National University. Honored Lawyer of Ukraine, awarded the Order of Merit, III degree. His research interests include history of law and state of Ukraine, historiosophy of law. He is the author of more than 180 printed works in the field of history of law, history of doctrines of law and state, theory of law, published in domestic and foreign editions, including scientific, educational and methodological works, manuals, textbooks, monographs

IVAN DRALIUK

Ukrainian military officer, Major General, PhD in Law, former Deputy Chief of the SBU for Combating Corruption (SBU Main Department for Combating Corruption).

IELYZAVETA LVOVA

Professor at Odessa State University of Internal Affairs. She has worked as an Associate professor at Odessa Regional Institute of Public Administration of National Academy of Public Administration, Office for the President of Ukraine (2010-2020). Ielyzaveta holds titles of Dr. habil and Prof.Dr. (with main focus on international constitutional law).

Downloads

Published

2023-11-29

Issue

Vol. 14 No. 2: November 2023-April 2024

Section

ARTICLES