THE CONCEPT OF A FAIR TRIAL IN THE LIGHT OF ECTHR DECISIONS

Abstract

This paper is devoted to the study of legal issues of the fairness of court decisions. The right to a fair trial is a generally recognized rule of law, which is linked to the international principle of the rule of law, and is also a peremptory norm to which national law must comply. The definition of the right to a fair trial has been enshrined in international instruments, in particular in the Covenant on Civil and Political Rights. It not only proclaims the right to a fair trial, but also specifies the specific obliga-tions of the State with regard to the organization of safe-guards to enforce the right to judicial protection. In par-ticular, it envisages the equality of all before the courts and tribunals in the possibility of obtaining procedural freedoms when considering a particular case.The content of the legal concept of the right to a fair trial as one of the basic elements of the mechanism of pro-tection of human rights and freedoms is analyzed in the work. It was found to be multifaceted and complex. The requirement of justice of justice is determined by the de-gree of compliance with the whole system of guarantees, which include mechanisms of both substantive and pro-cedural nature. One of the main issues is the publicity of the case and the equality of persons before the law and the court. Issues related to the administration of justice have been explored where court decisions are sufficient to enable participants to argue their position, to clarify the reasons and grounds on which it is based. This takes into account that the boundaries of the obligation of an equal approach to the procedural legal position of the par-ties may differ depending on the nature of the decision and should be assessed in the light of the circumstances of each case. On the basis of the case study of the ECtHR, the essence of the legal principle has been established, according to which the case should be conducted in such conditions that do not put the party at a material disad-vantage with respect to the other party. In this sense, the legal nature of such phenomena as the “equality of arms” of the participants in the process and the “fair balance” between the parties are investigated.Taking into account the case-law of the European Court of Justice, the article examines procedural issues regarding the equality of parties, which often border and even intersect with other rules that ensure the fairness of justice, such as publicity, openness, dispositiveness, etc.