Sopslnyk R. Theoretical and organizational principles of ensuring the right to a fair trial in the light of the European integration of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000795

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

01-12-2017

Specialized Academic Board

Д 35.140.02

Essay

The dissertation is a comprehensive study of the theory and practice of ensuring the right to a fair trial taking into consideration the European integration of Ukraine. The author analyzes the historical and legal genesis of the concept of a fair trial and contemporary scientific views on ensuring the right to a fair trial and clarifies the theoretical preconditions for ensuring this right. The analysis of the main structural elements of the legal category "the right to a fair trial", including access to justice, independence and impartiality of the court, judicial protection, reasonable time for review of cases, mandatory and final nature of the court decision, was made. The role of judicial law of Ukraine as the theoretical basis for ensuring the right to a fair trial and the general methodology of distinguishing the field of judicial law in the context of ensuring the right to a fair trial are substantiated. On the basis of the author's methodological approach, based on the combination of doctrinal provisions of judicial law and the priority of the European integration trend of legal reform, the Concept of the development of the theoretical and organizational provision of the right to a fair court, which proposes new theoretical and applied ways of accelerating the European integration of Ukraine with respect to the improvement of normative and legal and law enforcement mechanisms in the field of the judiciary, justice and related legal institutes and bringing them into line with Europe the European standards of justice.

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