ПРАВО НА СПРАВЕДЛИВИЙ СУД У ПРАКТИЦІ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ

Abstract

Introduction. The article analyzes the content of a person's right to a fair trial. The components of a person's right to a fair trial, which affect the quality of the trial, are determined. Attempts have been made to analyze the practical implementation of the main principles of a fair trial in the practice of the European Court of Human Rights and the law enforcement practice of the European Court of Human Rights and the law enforcement practice of European countries. It has been established that the conceptualization of the right to a fair trial took place thanks to the adoption of the Convention on the Protection of Human Rights and Fundamental Freedoms, and the unification of its understanding and recognition at the level of judicial standards was developed by the practice of the European Court of Human Rights (hereinafter referred to as the ECtHR). Conceptualization of the sociological-legal category "justice" today is in a state of permanent transformation of both its substantive and methodological contents. As a social phenomenon, justice is becoming an increasingly amorphous and unattainable characteristic of social development, since economic processes contribute to the concentration of public goods in rather limited social strata, which generates property inequality, and therefore, inequality of opportunities for individuals to realize their rights and freedoms, regardless of their formal legislative fixing. Since the emergence of international organizations in the field of protection of human and citizen rights, there has been a constant search for mechanisms for the practical implementation of the principle of justice, at least in the aspect of defending one's own interests. That is, "justice" is no longer the goal of the development of society as a whole, , but only one of the criteria for building social relations.