Open AccessImpartiality in court proceedings
Author(s) -
Roman Blahuta
Publication year - 2022
Publication title -
informatologia
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.139
H-Index - 7
eISSN - 1848-7793
pISSN - 1330-0067
DOI - 10.32914/i.55.1-2.6
Subject(s) - impartiality , law , legislation , political science , human rights , interpretation (philosophy) , rule of law , international law , politics , computer science , programming language
The importance of the rule of law for the functioning of a democratic state makes this research topic relevant. The study aims to examine the principle of impartiality as one of the key principles of legal procedures, define its place in the provisions of international treaties, international legal acts, and the legislation of Ukraine, and study its interpretation in practice of the European Court of Human Rights. The main research method we used in the article was the formal-legal method, which allowed us to ana-lyze the legal framework ofinternational law, court practice, and the legislation of Ukraine. This, in turn, helped us to examine the level of legal regulation on theprinciple of impartiality and find out cer-tain gaps. The article explores the practice of the European Court of Human Rights and, on its basis, substantiates as the conclusion the importance of the principle of impartiality in judicial activity. More-over, having analyzed the legislation of Ukraine, we revealed the need to refine the consolidationof the principle of impartiality and its detailed interpretation in regulatory legal acts, in particular, the Law of Ukraine On the Judiciary and Status of Judges. The practical significance of the article is to prepare the basis for amendments to the legislation of Ukraine.