ENSURING THE RIGHT TO A FAIR TRIAL IN THE PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS: STANDARDS, CHALLENGES AND PROSPECTS FOR UKRAINE

Abstract

The article is dedicated to exploring the prospects for improving the enforcement of the right to a fair trial in Ukraine in accordance with the standards enshrined in Article 6 of the European Convention on Human Rights (ECHR) and the practice of the European Court of Human Rights (ECtHR). The relevance of the topic is driven by Ukraine’s European integration aspirations and the need to address systemic issues in the judiciary that hinder the effective protection of citizens’ rights. The article highlights the key challenges faced by Ukraine’s judicial system. These include court overload, insufficient judicial independence, and the non-enforcement of court decisions. A significant aspect is the impact of war, which has created additional difficulties, including the closure of courts in conflict zones and limited access to justice for the population.Issues related to the adaptation of national legislation to ECtHR standards also remain pressing, as Ukrainian courts do not always consider international precedents in their practice. The article proposes specific pathways for judicial system reform. These include the implementation of electronic justice systems, the development of alternative dispute resolution mechanisms, and the establishment of specialized courts such as anti-corruption and social courts. It emphasizes the necessity of ensuring judicial independence through transparent selection processes and introducing clear mechanisms to protect judges from external influence. The role of international partners, including the European Union, the Council of Europe, and the Venice Commission, in supporting judicial reform in Ukraine is recognized as critical. Their expert and financial assistance promotes the introduction of best practices into national law enforcement. Special attention is given to improving the quality of law enforcement and legal education. Regular training for judges and lawyers, along with educational programs for citizens, will contribute to raising legal awareness and fostering public trust in the judiciary. The article concludes by emphasizing the need for a comprehensive approach to reform, encompassing legislative changes, innovations in judicial processes, and the development of professional education. This work will be valuable to legal practitioners, academics, and reformers interested in advancing Ukraine’s judicial system.