Chaban N. Impartiality of the judiciary as a guarantee of human rights: a theoretical and legal study

The dissertation is the first monographic study in Ukraine in which the issues of ensuring the impartiality of the judiciary as a guarantee of human rights protection are studied from the standpoint of the requirements of national legislation and international legal standards on human rights. The dissertation: highlights the main provisions on the historical development of the idea of impartiality of the judiciary; formulated a methodology for understanding the impartiality of the judiciary in such aspects as the role of guaranteeing the impartiality of the judiciary in protecting human rights and its positive impact on the rule of law in the state; the generalization of the genesis of the impartiality of the judiciary in Ukraine is carried out, the stages of its development are highlighted; generalized functional characteristics of an objective judiciary as one of the functional legal guarantees for the protection of human rights; the theoretical prerequisites for the impartiality of the judiciary are determined and justified as a guarantee for the protection of human rights; the priority and peculiarities of realization of law enforcement and human rights function of impartial judicial are shown and its authoritative character is substantiated; the types, content and international standards of ensuring the impartiality of the judiciary are studied; justified impartiality of the judiciary as a prerequisite for the right to a fair trial; analyzed the problems of judicial and legal reform in Ukraine in the context of ensuring the impartiality of the judiciary as a guarantee for the protection of human rights.