ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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Features of defining the right to a fair judgment in current realities

Pages: 191-196
Year: 2017
Location: Pravova Ednist Ltd

Review

Thіs аrtіclе is devoted to the understanding of the right to a fair trial in modern science and аnаlуzеs it through the prism of its practical implementation. Author investigated the general normative and legal bases of ensuring the right to a fair trial and its purpose. The author critically approached the existing classifications of elements of the right to a fair trial in the legal science, as well as proposed his own vision of the outlined problem and described the aspects of the right to a fair trial in modern realities.

The right to a fair trial is one of the fundamental principles in modern civilized states. Its legislative regulation, the system of guarantee and provision determine the status and level of development of legal culture in society. The historical, socio-cultural, legal features of the development of world states had the influence for  formation of different understanding of the concepts of «fair trial», «the right to a fair trial». However, it is clear that only a complete terminological interpretation of these concepts will allow them to properly implement their content in practice.

Understanding of the right to a fair trial depends on many factors that are not always in a strictly legal plane. However, in modern states with a stable and proper legal system, understanding of this right may have a generally accepted generalized view. Particular importance in the understanding of the fair court is put through the prism of the category of «justice» and its importance in different social groups and in different epochs. The modern scientific interpretation of the right to a fair trial is ambiguous and requires further elaboration. But we believe that the right to a fair trial includes four main aspects (content, institutional, material, procedural), which organically complement each other and form a single comprehensive understanding of the category we are discussing.

Kеуwоrds: right to a fair trial, justice, judiciary, fair trial. 

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