Prokopenko O. Right to fair trial.

On the basis of analysis of philosophical and theoretical literature the author concludes that justice is the important criterion of estimation of judicial efficiency and legitimacy. At the same time justice is viewed as an inalienable element of court decision, in which the results of court activity in the sphere of human rights protection, defense of social interests from illegal encroachments are represented. The concept of "justice in judiciary" is examined in unity of two aspects: material (substantial) justice, which states that the content of every court decision must be just; procedural justice foresees trial in accordance with legally stated judicial procedures. On the basis of analysis of international standards of due process the criteria of just court decisions are presented. The right to fair trial is examined as judicial right and judicial guarantee, foreseen by the current legislation. The basics of the right to fair trial are analyzed through its normative elements that are interconnected. The elements of this right differ from country to country, that is predefined by its historical development and type of legal system. The system of legal guarantees of the right to fair trial is presented. Recommendations to update the current legislation are given.