THE RIGHT TO A FAIR TRIAL AND THE RIGHT TO JUDICIAL PROTECTION: ASPECTS OF CORRELATION

Abstract

Abstract. The article examines the theoretical and practical aspects of the relationship between the right to a fair trial and the right to judicial protection from a constitutional and legal perspective. It is determined that the category of justice in the Constitution of Ukraine is revealed through the fundamental right to a fair trial, which is ontologically linked to the right to judicial protection in general. It is noted that the right to judicial protection is reflected in various international acts, which emphasizes it as a basic and inalienable right. It is argued that the constitutional right to judicial protection means that any person has the opportunity to implement a procedural mechanism if his or her right is violated, that is, the person concerned can receive the process based on any substantive dispute without any legislative restrictions. It is proved that the right to judicial protection is intended for a specific purpose – the protection of the violated subjective substantive right. It is noted that the process cannot exist for the sake of the process as such, it must have a certain final point to which it strives, but it is still impossible to focus only on the result of the process, that is, on the protection of the disputed right, because in this case the meaning of judicial protection as a special constitutional guarantee is lost, its social significance is devalued. It is determined that the right to judicial protection can be understood as the ability of any person guaranteed by the Constitution to protect their violated rights and legitimate interests by applying to the court. It is argued that from the point of view of European law enforcement practice, the constitutional right to a fair trial is spacious, mobile and heterogeneous in its content, but the understanding of the right to a fair trial in the context of National process differs from the European view, this is due to the fact that Article 6 of the ECHR provides only for procedural justice, that is, compliance with certain rules when considering a case by a judicial body and making a decision. The conclusion is made about the correlation between the constitutional right to judicial protection and the constitutional right to a fair trial. It is determined that justice is an immune property of law in general and justice in particular. It is proved that the right to judicial protection is reflected in international legal acts on basic and inalienable human rights, is enshrined at the constitutional level and is a guarantee of the exercise of other rights, and by its existence the right to judicial protection determines the possibility of exercising other rights. It is noted that, in turn, the right to a fair trial cannot be recognized as any category other than the right to judicial protection, but the right to a fair trial has a somewhat "pragmatic" character, because this right has a different purpose. It is argued that if the constitutional right to judicial protection is an opportunity to receive proper justice, then the constitutional right to a fair trial answers the question of what this Justice should be.