European standards of a fair trial and their application during the solution public legal disputes

Abstract

The article analyzes the European fair trial standards and examines the problems of ensuring them in Ukraine during the resolution of public legal disputes. The European standards of a fair trial are defined and characterized, and the documents and norms in which they are established are considered. It is emphasized that the international treaties of Ukraine, whose binding consent has been given by the Verkhovna Rada of Ukraine, are sources of law that are applied by domestic administrative courts and that occupy a priority place for them in the hierarchy of legislation, and therefore occupy an extremely important place in the legal system of our state.

The practice of application by administrative courts of the Convention on the Protection of Human Rights and Fundamental Freedoms and its protocols, as well as legal positions of the European Court of Human Rights, is summarized. It is noted that in view of the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, Ukraine, among other things, is obliged to take into account the practice of the Court of Justice of the European Union (Court of justice).

It was noted that there is a problem of the unity of judicial practice in Ukraine, including the application of the provisions of international treaties and legal conclusions of international judicial institutions. However, it was emphasized that reference in judicial decisions of administrative courts of Ukraine to decisions of the ECtHR and the Court of the EU is necessary, especially in cases in which the legal position is expressed for the first time and the conclusions of the court may be of fundamental importance for law enforcement. In particular, it promotes the unity of judicial practice, corrects the shortcomings of national legislation, brings it closer to the European legal system.

Taking into account the experience of the EU countries, it is noted that a separate system of administrative courts from other courts, increasing the professionalism of judges and the quality of the judicial process, more effectively ensures a fair and timely resolution of disputes in the field of public-legal relations.

It was concluded that the European standards of a fair trial are a system of legal norms established by international legal acts of the EU, decisions of the ECtHR, the Court of Justice of the EU, other European judicial bodies and recommendations of European international organizations, which establish the right of a person to an effective means of legal protection in a national body, access to court, fair and public trial, binding final court decision, etc.