Lukash T. Fair Trial as a Criterion for the Effectiveness of the Mechanism of Protection of rights and freedoms of Human and Citizen

The dissertation provides a theoretical generalization and a new solution to an important scientific problem, which is to form a holistic concept of defining, exercising and exercising the right to a fair trial as a constitutional institution of constitutional law of Ukraine. It is stated that in today's realities the concept of "fair trial" in a state governed by the rule of law covers not only the process of judicial proceedings, but also the work of tens of thousands of employees in this area, in particular ensure the activities of the judiciary. That is, not only the judiciary in the state should be fair, but also the procedures for filling positions in the judiciary, and only in this case can the process of its implementation be called transparent. The author's definition of the constitutional right to judicial protection as an element of the right to a fair trial is formulated. The characteristic features of the constitutional right to a fair trial in a state governed by the rule of law are highlighted. The stages of evolution of the constitutional and legal consolidation of the right to judicial protection on the territory of modern Ukraine are systematized and singled out. The main problems of implementation of the constituent elements of the right to a fair trial are identified and in order to improve the court proposed separate draft amendments to the Constitution of Ukraine and regulations, which provide details of legal regulation of consolidation and implementation of the right to a fair trial and its elements.