THE RIGHT TO A FAIR TRIAL: BETWEEN NORMATIVE DOCTRINE AND PRACTICE IN THE FACE OF GLOBAL CHALLENGES
THE RIGHT TO A FAIR TRIAL: BETWEEN NORMATIVE DOCTRINE AND PRACTICE IN THE FACE OF GLOBAL CHALLENGES

Summary/Abstract: The article is devoted to studying the exercise of the right to a fair trial in the face of global challenges, owing to the impact of the situation related to the spread of the SARS-CoV-2 coronavirus. Compared to martial law in Ukraine, the pandemic period is not the greatest challenge to the right to a fair trial. However, the experience is relevant for possible future similar emergencies and their impact. In addition, such an analysis allows us to understand the preconditions for the realization of human rights during the next global challenges, including martial law in wartime. The main tendencies of implementing certain aspects of the right to a trial in criminal proceedings are analysed and determined, in particular, the access to justice, observance of reasonable terms of proceedings, independence and impartiality of the court, and quality of court decisions, their proper validity and legality. With reference to the analysis of international acts, the legislation of Ukraine, the case law of the European Court of Human Rights, and the practice of the Supreme Court, court statistics during the sample period (2017-2021) the normative content, concepts and elements of the principle of the right to a fair trial are singled out. Analysis of statistical data, comparison of regulations, the practice of their application, and information from analytical reports of the judiciary made it possible to come to a conclusion about directions of the impact of coronavirus pandemic, restrictive quarantine norms on the exercise of the right to a fair trial, and the logical consequences that they have caused on the state of justice in Ukraine in recent years.

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