КОНСТИТУЦІЙНЕ ПРАВО НА СПРАВЕДЛИВИЙ СУД У МЕХАНІЗМІ ПРАВОВОЇ ДЕРЖАВИ

Abstract

Certainly, the constitutional right of a person and a citizen to a fair trial is a category that is increasingly attracting the attention of legal scholars. And this process is natural, because the higher the development of society, the higher the requirements for the social and legal order. Firmly striving to implement high standards of government in society, each state in its development reaches the heights when the issues of “justice” and “mutual responsibility” reach the highest level of state opinion. It is established that the main problem in studying the category “right to a fair trial” can be called the simultaneous use in modern legal doctrine in the same sense of the terms “right to a fair trial”, “right to access to justice”, “right to fair trial” and “the right to a fair trial”. Basically, these concepts are identified, used simultaneously to denote the same right. It is claimed that some scholars (O. Shilo, O. Korovaiko, O. Tkachuk and others) equate the right to a fair trial with the right to judicial protection. The author believes this is not entirely true and leads to confusion in the characteristics of their content. Today, with a systematic approach to the analysis of these categories, we see their significant differences, where the right to a fair trial is narrower in content than the right to a fair trial and corresponds to the concept of ‘right to a fair trial”, these rights should be considered as part of the right to a trial) and the whole (the right to a fair trial). Definitely, the right to a fair trial is a broad concept that covers all activities of a person related to 1) protection of the violated right in court: from appeal to obtaining a decision for execution and 2) participation in positions in the judiciary and bodies in the justice system. In order to substantiate this opinion and highlight the main features of this right, in addition to defining the concepts of “rule of law”, “mechanism of the rule of law”, it is necessary to explore the meaning of “fair trial” and “transparency of the judiciary”.