The formation and current tendencies of international human rights protection concerning the right of a person to a fair trial, and their impact on Ukraine

被引:0
|
作者
Svyda, Tetiana [1 ]
Kovalchuk, Inna [2 ]
Torbas, Oleksandr [3 ]
Melnychuk, Yuliia
Kytaika, Olga [4 ]
机构
[1] Uzhgorod Natl Univ, Int Law Dept, Uzhgorod, Ukraine
[2] Natl Univ, Dept Advocacy Judicial & Law Enforcement Bodies, Odesa Law Acad, Odesa, Ukraine
[3] Natl Univ, Dept Criminal Procedure, Odesa Law Acad, Odesa, Ukraine
[4] Natl Univ, Distance Learning Ctr, Odesa Law Acad, Odesa, Ukraine
来源
AMAZONIA INVESTIGA | 2019年 / 8卷 / 23期
关键词
International protection; the right to a fair trial; human rights; constitutional rights; international law;
D O I
暂无
中图分类号
C [社会科学总论];
学科分类号
03 ; 0303 ;
摘要
This research is about the problem of the legal regulation of the right of a person to a fair trial. So, it could be said, that the relevance of this research is the need for a legislative definition of the right of a person to a fair trial in the context of human rights. Moreover, the object of study is the public relations of litigation in courts. The subject of the study were the judgments of European Court of Human Rights, international normative-legal acts, and legal acts of Ukraine. The authors used the method of dialectics, the method of formal logic, the comparative-legal method, the method of induction, the method of analysis and the historical method in this research. In conclusion, the authors highlighted that every judge has his or her own conception of justice is not so much theoretically conscious as intuitive, sometimes with a subconscious understanding of it. Therefore, the content of the concept of "fair trial" in cases before the court covers the requirements for equal access to justice, publicity of cases, to guaranty the right of a defendant, by which a defendant must be informed in detail about the nature and motives of the charges against him, giving him sufficient time and opportunity to prepare his defense, to defend himself personally, or to choose a defense counsel for that defense, including free of charge, to question the prosecution and defense witnesses.
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页码:855 / 860
页数:6
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