Окремі аспекти забезпечення права на справедливий суд при розв’язанні спорів, що виникають із відносин публічної служби
Some Aspects of Ensuring the Right to a Fair Trial in the Resolution of Disputes Arising from Public Service Relations

Summary/Abstract: The article focuses on specific aspects of ensuring the right to a fair trial in the resolution of disputes arising from public service relations. The relevance of the study is driven by the fact that administrative courts, when adjudicating such disputes, often resort to simplified proceedings, wherein preference is given to a written form of case consideration. This, in turn, may lead to limitations on the implementation of one of the core guarantees of a fair trial – the principle of a public hearing. The purpose of the study is to identify the peculiarities of resolving public service disputes determined by the procedural form chosen by courts in administrative proceedings, and to assess whether such features may lead to violations of the guarantees of the right to a fair trial, particularly the guarantee of a public hearing. The methodological framework of the research includes the dialectical method, case-study method, formal legal method, formal logical method, and comparative legal analysis. The study aims to identify the characteristics of applying forms of administrative proceedings in public service-related cases and to evaluate their impact on compliance with the guarantees of public court hearings. It is noted that in simplified proceedings, the preferred procedural form for adjudicating the merits of a case is written proceedings, which do not involve the holding of a court session (oral hearing). In certain cases, such consideration may result in the neglect of certain fair trial guarantees, particularly the guarantee of a public hearing. In the context of European standards of justice, enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights, such a situation requires thorough examination. Based on the analysis of the provisions of the Code of Administrative Procedure of Ukraine, it is concluded that courts tend to prefer the rules of simplified proceedings in cases concerning public service (except in situations where, taking into account other relevant factors, the application of the rules of general proceedings would allow the court to more effectively fulfil the objectives of administrative justice).

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