How to Cite:
Denysova, A. V., Blaga, A. B., Makovii, V. P., & Kaliuzhna, Y. S. (2021). The right to a
justice court: implementation of the practice of the European Court of human rights in the
Ukrainian judiciary. Linguistics and Culture Review, 5(S4), 1707-1722.
https://doi.org/10.21744/lingcure.v5nS4.1852
Linguistics and Culture Review © 2021.
Corresponding author: Denysova, A.V.; Email: denysova8247@sci-univ.com
Manuscript submitted: 27 July 2021, Manuscript revised: 09 Oct 2021, Accepted for publication: 18 Nov 2021
1707
The Right to a Justice Court: Implementation
of the Practice of the European Court Of
Human Rights in the Ukrainian Judiciary
Alina V. Denysova
Odesa State University of Internal Affairs, Odesa, Ukraine
Alla B. Blaga
Petro Mohyla Black Sea National University, Mykolaiv, Ukraine
Viktor P. Makovii
Odesa State University of Internal Affairs, Odesa, Ukraine
Yevheniia S. Kaliuzhna
Odesa State University of Internal Affairs, Odesa, Ukraine
Abstract---The purpose of this study is to reveal the content of the
right to a fair trial and the state of its provision in Ukraine through
the prism of court decisions of Ukrainian courts of various instances
and the relevant practice of the European Court of Human Rights. The
methodological basis of the study is a set of philosophical and
ideological, general and special scientific methods and techniques of
scientific knowledge, including dialectical, systemic, structural and
functional methods, as well as methods of analysis and synthesis. It is
identified that the right to a fair trial in legal science, judicial practice
is considered in its constituent elements and relevant manifestations,
including fairness and publicity of the trial, compliance with the signs
of independence, impartiality, legality, observance of the rule of law,
equality of participants, and proceedings within reasonable time
limits. Each of the elements, mentioned and features of the right to a
fair trial is subject to appropriate interpretation in the context of the
relevant decisions of the European Court of Human Rights during the
review of case materials in national courts of the signatory states to
the Convention.
Keywords---fair trial, impartiality, independence, legal certainty, rule
law.