The principles of justice and reasonable period in commercial procedure: the impact of the provisions of the European convention on human rights and the decisions of the European court of human rights on their implementation

Abstract

The article is devoted to the study of the principles of judicial procedure enshrined in the European Convention on Human Rights, their impact on the implementation of commercial procedure in Ukraine, in particular, the standards of fair justice. The purpose of the article is to generalize and systematize approaches that exist in legal doctrine and law enforcement practice regarding the subject of research. The study of the principles of judicial procedure enshrined in the European Convention on Human Rights, the directions of their impact on the implementation of economic justice in Ukraine, including the standards of fair justice, is necessary and relevant for the further reform of economic procedural legislation.
 The article examines in detail the issue of the implementation of the principles of justice and reasonable terms of justice in economic litigation based on already existing scientific developments and current legislation. The methods used in the research allowed the author to come to the following conclusions. Legal mechanisms that ensure the implementation and protection of the evolutionary ideas of the fairness of justice are of crucial importance for the understanding by the participants of court proceedings of the very content of the economic process, the observance by the court and other participants of economic proceedings of the rights and freedoms established by law, the decision-making algorithm, which must meet the criteria of transparency and honesty and expediency, as well as understanding the controllability of the specified processes. As for the principle of a reasonable period, based on the positions of the researchers, it was determined that a reasonable period is considered as an objective (i.e. impartial, free from biased and subjective attitude) period necessary for the performance of all necessary procedural actions in economic litigation. A reasonable term is a period of time when court proceedings are objective in nature without significantly exceeding the framework established by law. The results of the research show that the practical judicial guidelines on the application of the principles of the European Convention on Human Rights and its fundamental freedoms, which are contained in the decisions of the European Court of Human Rights, contribute to the consistency of the approach of various national legal systems to the application of justice standards, including in commercial litigation.