Berezhanskiy G. Organizational and legal principles of realization of the right to a fair trial: a comparative legal aspect

The dissertation examines the organizational and legal principles of realization of the right to a fair trial in the comparative legal aspect. It is made an overview of the scientific approaches to perceiving and defining the understanding of the right to a fair trial and the organizational and legal foundations for its implementation. Having carried out a critical analysis of the scientific literature of domestic and foreign scholars, the author emphasizes that the concept of the right to a fair trial is not unified and stable. The systematic study of various definitions indicates that understanding the essence of the right to a fair trial depends on many factors that are not always in a strictly legal plane. Particular importance in the understanding of the fair court is put through the prism of the category of ‘justice’. Modern scientific interpretation of the right to a fair trial is ambiguous and requires further elaboration, and the organizational and legal principles of realization of the right to a fair trial require additional research and improvement, based on the practical problems of ensuring the right to a fair trial in the modern judicial system of Ukraine. It is argued that the right to a fair trial includes four main components (substantive, institutional, material, procedural), which organically complement each other and form a single comprehensive understanding of the organizational and legal foundations for the realization of the right to a fair trial. The elements of the right to a fair trial by the author are classified by type (substantive, institutional, material, procedural).