THE REFLECTION OF INTERNATIONAL STANDARDS ON THE RIGHT TO A FAIR TRIAL IN NATIONAL LEGISLATION AS A MECHANISM FOR A DEMOCRATIC STATE GOVERNED BY LAW

Аннотация

The article contains international standards on the right to a fair trial, international documents, the content of the rights of the defendant to an independent, impartial and competent court, the jurisdiction of the judiciary, the views of leading scholars and experts on the role of courts in a democratic state, international law and scientific analysis of national legislation. KEYWORDS: Competent, independent and impartial judiciary, universally recognized principles and norms of international law, international legal framework of the law of justice, jurisdiction, international standards in national legislation. INTRODUCTION and in a sense, they have achieved and are achieving their goals. We can say with Today, almost all developed countries in the confidence that one of the necessary world have chosen the path of building a conditions for a democratic state governed by democratic state governed by the rule of law, the rule of law is the existence of the principle “THE REFLECTION OF INTERNATIONAL STANDARDS ON THE RIGHT TO A FAIR TRIAL IN NATIONAL LEGISLATION AS A MECHANISM FOR A DEMOCRATIC STATE GOVERNED BY LAW” P age 160 | 6 of separation of powers in the system of state However, the European Convention on Human bodies and the independence of the judiciary Rights also provides that in the event of a and the rule of law. This rule means that the dispute over the rights and obligations of each restoration of the violated rights of a person, person or criminal charges against him or her, the restriction of his freedoms and rights, the he or she shall be treated fairly and openly by determination of guilt for the crime an independent and impartial court committed and the imposition of appropriate established by the relevant law. have the right punishment or other legal action is carried out to withdraw (Article 6, paragraph 1). only by the court. The above norms set out the basic In addition, everyone who has committed a international standards imposed on the courts crime has the right to a fair trial, ie his case as the right of citizens to a fair trial, which is to must be heard in an independent, impartial have the case heard by an independent and and fair court, provided that it is enshrined in impartial court within a reasonable time, in a international law and not less than the rules fair and transparent manner. established by international standards An independent court is a court that is recognized by states. Similarly, persons who separate from other bodies of the state, is not have been harmed or harmed as a result of a hierarchically subordinate to them, is crime (victim, civil plaintiff, etc.) have the right financially independent, has the power to to judicial protection for the violation of their decide a case only in accordance with its rights established by law. internal trust and in accordance with the law. The right to judicial protection guarantees the In the case of impartial courts, the defendant protection of the rights and freedoms of and the victim must be treated in the same citizens in court. This is one of the basic rights light by the law, creating the same conditions of every person living in a democratic state for them in the trial, but only the principle of governed by the rule of law, and in parallel, it adversarial proceedings. If the court creates is also the duty of a democratic state governed more conditions for the defendant than the by the rule of law to ensure this right. Judicial victim during the trial, or if the defendant protection is one of the ways to protect the decides the outcome of the case, the court's rights, freedoms and legitimate interests of impartiality will be called into question. As a the subjects of justice through fair trial. result, this standard is violated. This, in turn, According to the Universal Declaration of violates the right to a fair trial. Human Rights, everyone has the right to Moreover, to the methods of ensuring the effective remedies by the competent courts in protection of the rights, freedoms and case of violation of the fundamental rights interests of the individual through the granted to him by the Constitution or the law judiciary, modern legal systems allow for other (Article 8). has the right to consider his case in methods of protection of rights, such as self- an independent and impartial court on the defense of individual rights. The above norm basis of equality in accordance with all the stipulates that a person may self-protect his requirements of openness and fairness (Article rights, and in our opinion, a citizen may apply 10). to the relevant law enforcement agency, not to the court, to protect his rights. In this “THE REFLECTION OF INTERNATIONAL STANDARDS ON THE RIGHT TO A FAIR TRIAL IN NATIONAL LEGISLATION AS A MECHANISM FOR A DEMOCRATIC STATE GOVERNED BY LAW” P age 161 | 6 process, the rights of the citizen can be 2. The common law family (island or Anglo- restored without going to court. However, if Saxon legal s