Constitutional law and judicial guarantees: their structure and interpretation at the national and international level.

Shelever, Nataliya; Filipska, Nataliia; Varunts, Larysa; Pylyp, Victoria; Voron, Diana

The article is devoted to the study of the essence of constitutional law, together with judicial guarantees, their interpretation and normative consolidation in international legal acts and national regulations, as well as to the clarification of the place of the right to a fair trial in human rights. Thanks to the use of a system of general scientific and special scientific concepts and methods, it was established that the conceptualization of the right to a fair trial was given by the European Convention for the Protection of Human Rights and Fundamental Freedoms and, moreover, is reflected in the precedent practice of the European Court of Human Rights. In this context, characteristic features of the right to judicial guarantees are defined, its procedural and functional components are distinguished, and procedural and substantive justice are characterized. Everything allows concluding that, the characteristic features of the constitutional right to a fair trial in a state governed by the rule of law are defined as: the perceived ability of a person to exercise the specified right; the presence of a special subject-object structure; appropriate actions in specially created state judicial institutions to restore violated rights.

EUROPEAN Court of Human Rights; FAIR trial; EUROPEAN Convention on Human Rights; CONSTITUTIONAL law; CIVIL rights; RULE of law

Cuestiones Políticas, 2023, Vol 41, Issue 77, p256

0798-1406

Academic Journal

10.46398/cuestpol.4177.17