Evolution of the concept of 'fair trial' in the constitutional and legal doctrine ; Еволюція концепції «справедливий суд» у конституційно-правовій доктрині

The concept of a fair trial began to be used in law relatively recently. Since the beginning of its appearance in the eighteenth century, having undergone a substantial transformation, the concept of a fair trial in the modern sense began to embody the main idea - the observance of the rights of a party in court proceedings (including the right to a reasonable time for consideration, the right to an impartial court, the right to bring and interrogation of witnesses, etc.) only in the second half of the twentieth century. The right to a fair trial is a necessary condition for ensuring and proper realization of all other human and civil rights. It is argued that the origins of the concept of a fair trial should be sought in the law of Ancient Rome. The thesis is put forward that the very concept of "justice" is in an indissoluble dialectical relationship with the concept of "law". It was revealed that the concept of a "fair trial" originates from Anglo-Saxon law and was first used as a characteristic of a judicial process in the eighteenth century. However, at that time it was largely subjective and characterized by fragmentation and infrequent use. It is noted that for the first time in international documents the concept of a fair trial was embodied in the late 1940s, and the first such document was the Universal Declaration of Human Rights of 1948, which in subsequent years received significant substantive expansion and development. At the same time, the Radbruch formula began to be actively applied, and it was often used in the judicial practice of the Federal Republic of Germany. It is summarized that despite the fact that the concept of a fair trial in the conditions of modern state legal reality has long been a certain "gold standard" of justice, it is dynamic and constantly evolving and changing, and the modern understanding of the right to a fair trial is not definitively defined either in international or national legislation. ; Концепція справедливого суду почала використовуватись у праві відносно ...