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Implementation of the Right to an Impartial Trial as a Vector of the Rule of Law: European Standards and Ukrainian Experience
BLAHUTA, R.: Implementation of the Right to an Impartial Trial as a V ector of the Rule of Law: European Standards and Ukrainian Experience. Právny obzor, 106, 2023, special issue, pp. 66-84.
https://doi.org/10.31577/pravnyobzor.specialissue.2023.04
Implementation of the Right to an Impartial Trial as a Vector of the Rule of Law: European Standards and Ukrainian Experience. The right to an impartial trial is one of the most important principles of the administration of justice, and its significance and necessity to the rule of law is recognised and observed at both an international and national level. If judges fail to adhere to the principle of impartiality and favour one of the parties during the proceedings, doubt is cast on the right to a fair trial and the expectation that a decision will be made on the merits of the case guaranteed by international law. This article will examine the issue within the context of the Ukrainian legal system and offer substantiated conclusions on efforts to bring the country into line with international and European standards. The text will analyse the challenges involved in reforming the Ukrainian judicial system and investigate the experience of European countries in ensuring an impartial trial by conducting an analysis of international and national legislation and the existing practice of the ECHR. The research applies the methodologies of analysis and synthesis, an examination of comparative and formal legal methods and legal interpretation within the context of the implementation of the right to an impartial trial as a direct demonstration of the rule of law.
Keywords: impartial trial, right to a fair trial, independence of the court, rule of law, impartiality of the court.
Introduction
Every democratic state recognizes and values human rights and freedoms and sees the maintenance of these rights as a high priority both at the national and international level. In Ukraine, the rights and freedoms of individuals and citizens is guaranteed by a system of Legal norms, organizational means and methods, conditions and requirements provided for by the Ukrainian Constitution and its Legal framework, but the effectiveness of these guarantees is directly dependent on the level of development of the Legal principles of the state, the sphere of economic relations, the level of development in democratic institutions, compliance with the fundamental principle of the rule of law and the effective implementation of Legal norms, the level of Legal consciousness and Legal culture of the population, the coherence of the interests of the population and society, and the presence of a highly effective body of constitutional control. This issue remains relevant in contemporary Ukraine and is always high on the agenda of international organizations when formulating development strategies and solving the global problems of humanity. The Constitution of Ukraine recognises that the life, health, honour, dignity, inviolability and security of an individual are of the highest social value, and that it is the main duty of the state to affirm and protect human rights and freedoms (Constitution of Ukraine, 1996).
One of the key human rights in a modern democratic state is the right to a fair trial. This is confirmed by Article 6 of the European Convention on Human Rights, which guarantees the right to a fair and public trial within a reasonable time by an independent and impartial court established by law, when determining a person's civil rights and obligations or when considering any criminal case charges against a person.
1)
This right is enshrined within the framework of the Constitution of Ukraine, the laws of Ukraine and international laws which have been ratified and integrated into national legislation. The right to a fair trial ensures that the interests of an individual and society as a whole are protected by independent and impartial courts which carry out their activities on the basis of the rule of law and the laws, taking into account the principle of competition between parties.As part of the research, it is important to define the essence of the concept of impartiality. In modern Ukrainian, the word "impartial" is defined as the state of lacking a deceptive, negative, pre-formed opinion or prejudice against anyone, anything.
2)
The Constitution of Ukraine recognizes and applies the principle of the rule of law.
3)
The rule of law is a fundamental principle of law which states that no individual can be considered above the law; no one can be punished by the state, except for a direct violation of the law; no one can be prosecuted for an offence other than in accordance with the procedure established by law. Accordingly, as the fundamental principle of a democratic society, the rule of law entails its implementation in the law-making and law-enforcing activities of the state. It, in turn, involves the implementation of the idea of social equality, justice and respect for human rights and freedoms into Legal norms. The unique nature of the rule of law as a fundamental principle lies in the fact that it not only serves to regulate the life of people and their coexistence but also to regulate the relations between the population and the state represented by state bodies. It also applies to the Legal regulation of relations between public authorities themselves. Accordingly, it directly concerns the judiciary, because the rule of law is characterized by an independent judiciary which protects people from arbitrariness on the part of the state, while respecting human rights and freedoms.
4)
It is important to note that the importance and value of the concept of the rule of law lies in the power in which this principle denies to the state and society and also in the discipline that the representatives of the state must observe; indeed, these requirements are conditional for the exercise of power in a democratic society in which power comes from the people, with the role of the government being to serve their needs. Judicial authority and prestige can only develop when people can see the actual administration of justice in accordance with the prescriptions of the law and the norms of legislation. Such actions correspond to the discipline of the law, which the courts are required to observe strictly. Public trust in Legally elected governments rather than, for example, the armed forces is a crucial means of ensuring compliance with the rule of law. Judicial power is the measure of Legality and determination of the essence of the law, and public trust is greatly dependent on the observance of the rule of law by the judiciary.
5)
Ian McDougall outlines four main components of the rule of law: equality before the law, access to the law, an independent judiciary, and access to all available Legal remedies. The last two points are largely interconnected and cannot exist in isolation from the other. Access to Legal remedies is manifested in achieving a result which can be considered reasonable and logical, and this inherently requires that the judiciary is free from external influence and can decide cases exclusively on the basis of the law, the provided evidence and the existing circumstances of the case. It also implies the absence of corruption and pressure for personal or political gain, but it is precisely these factors which most often lead to violations of the rule of law. When corruption runs unchecked, the rule of law is absent, and the consequences of such an absence are dire.
6)
Geranne lautenbach notes that the rule of law is related to the control of public authority by means of law in order to protect the individual. unfortunately, the supremacy of legislative provisions is commonly equated with the rule of law, but this statement is in fact incorrect. All legislation must comply with the rule of law, and laws can be considered Legal once they are recognized as meeting the requirements of European standards. After all, Legality is the main element of the rule of law. lautenbach points out that Legality obliges the government to act on the basis of the law, while the principle of the rule of law establishes a number of criteria for the law, such as generality and clarity. Legality also involves judicial review of the Legality of government acts and the right of individuals to access to a fair hearing with an unbiased assessment of the facts of the case. In addition, the functional separation of powers into three branches is an integral part of the rule of law, as it ensures that no one can act as a judge in their own case and that laws are not made on a case-by-case basis. Impartiality and independence of the judiciary are necessary prerequisites for the implementation and observance of the rule of law, as it ensures respect for the established norms of the law. The above-mentioned elements and criteria are largely aimed at protecting individuals from the arbitrary exercise of state power.
7)
Without a doubt, the independence of the judiciary is a cornerstone of the rule of law, as this principle ensures respect for human rights but also provides for an independent and impartial judiciary in relation to state authorities and their representatives both in civil and criminal cases. Judges can only act as an impartial party in disputes between the state and citizens when the scope of judicial independence and impartiality towards the state in general is clearly defined. When free from pressure from the state, the judiciary can act as an effective controller of the state's functions.
8)
Without the rule of law and independent and impartial judges, the functioning of the state and its authorities would be distorted and arbitrary. As a result, an independent judiciary is a crucial element in maintaining the rule of law and ensuring an accountable and effective political structure.While the right to an impartial (objective) trial is clearly a fundamental concept in the rule of law, it is important to note that it is not just a requirement which is logical within that more national framework. Impartial considerations of cases by courts is directly defined at the international level in the normative Legal acts of the UN and the eu; similarly, it is highlighted in the practice of the ECHR and is enshrined in the current laws of Ukraine and other countries as a mandatory requirement.
Methodological Framework
The topic of impartial trials has been the subject of considerable discussion among academics and theoreticians, but also among practicing lawyers in various fields of law. The issue has also been studied from both national and international perspectives.
This study uses a number of methods generally accepted by Legal science, both general and special. It is primarily based on the normative method used in clarifying the essence and forms of conducting an impartial trial, its origins, and the requirements that an impartial trial imposes upon individual judicial systems. The comparative method is also applied to identify the features of conducting an impartial trial in Ukraine and in other countries such as France, Italy, Germany, Sweden and Portugal. This comprehensive comparison allows a number of conclusions to be formed which are necessary to achieve the research goal. The complex use of methods of analysis and synthesis and the formal Legal method provided an effective analysis of the Legal framework of international and national law, doctrinal approaches and practice of the ECHR within the context of the implementation of an impartial trial as a direct manifestation of the rule of law. The judicial systems of several European states are also analysed in detail in order to determine their characteristic features, similarities and differences, thereby providing a qualitative account of the requirements related to ensuring an impartial trial and the diverse means by which this is achieved.
International Legal acts, the Constitution of Ukraine and the national legislation of Ukraine formed the empirical basis of the research. Considerable attention is also paid to the practice of the ECHR regarding impartiality and the objective consideration of cases by courts. At the same time, the method of interpretation of law was also applied in order to draw some specific conclusions on the topic.
Results and Discussion
Judicial Independence and Impartiality: Features and Characteristics
One of the most important tasks facing the judiciary is the implementation of impartial consideration and resolution of cases with the aim of protecting the violated, unrecogniz
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