THE RIGHT TO A FAIR TRIAL IN ADMINISTRATIVE PROCEEDINGS

Abstract

The right to a fair trial is one of the fundamental principles of the rule of law and an integral part of the protection of human rights and freedoms. In administrative proceedings, it acquires special importance, since it is in this area that disputes between a person and subjects of public authority are resolved. Ensuring a fair trial is a key guarantee of effective control over the activities of state authorities and local self-government bodies. The content of the right to a fair trial includes a number of elements, including access to justice, independence and impartiality of the court, consideration of the case within a reasonable time, equality of arms and adversarial proceedings. In the administrative process, these principles are implemented through the norms of national legislation, as well as taking into account the practice of the European Court of Human Rights, which is an important guideline for Ukrainian courts. A special role in ensuring a fair trial is played by the effectiveness of judicial protection, which provides a real opportunity for an individual to defend his or her rights in a dispute with the state. At the same time, there are certain challenges related to the workload on the courts, the duration of case consideration, and the need to increase the level of trust in the judicial system. Therefore, the right to a fair trial in administrative proceedings is an important guarantee of the protection of human rights and ensuring the rule of law, which requires constant improvement of the mechanisms for its implementation. The purpose of this article is to analyze the content of the right to a fair trial, as it is embodied first in international documents to which Ukraine is a party, and later in national legislation on the judiciary and the status of judges, as well as in various procedural norms.