ENSURING THE RIGHT OF CITIZENS TO A FAIR TRIAL: A COMPARATIVE ANALYSIS OF THE PROBLEMS OF UKRAINE AND LEBANON

Abstract

The article clarifies the essence and defines the components of the right to a fair trial. The role of the practice of the European Court of Human Rights in the process of guaranteeing the right to a fair trial is established. The characteristic features of ensuring the right of citizens to a fair trial in two countries: Ukraine and Lebanon are analyzed. It is established that the effectiveness of judges and the entire judicial system of the state is a necessary condition for protecting the rights of each person, fulfilling the requirements of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, legal certainty and public faith in the rule of law. The main shortcomings and problems of practical implementation of the right to a fair trial in the judicial proceedings of the two countries are revealed. Among the general problems faced by the Lebanese State and the judiciary are: 1) deep economic and political crisis, 2) severe budgetary cuts, 3) unstable governmental infrastructure in which a large part of the civil service is inoperative, 4) lack of public trust in the State institutions, 5) the omnipresence of confessionalism, 6) dependence of judges on political elites. The problems of the judiciary in Ukraine include a complex of legal, organizational and political challenges that hinder the effective functioning of the judicial system. The main problems are as follows: 1. Low public trust in judges due to corruption scandals. 2. Insufficiently guaranteed independence of the judiciary, which is manifested in the influence of the executive and legislative branches of government on the courts. 3. Insufficient efficiency of judicial proceedings, the reasons for which may be the overload of judges; a large number of pending cases in the courts of appeal; lengthy consideration of cases, which causes judicial red tape. 4. Incomplete reform of the judicial system and the justice delivery system. This problem is revealed in the failure to implement some provisions of the judicial reform regarding the renewal of the judicial corps. 5. Personnel problems in the judicial corps and court staff. 6. Problems with the implementation of court decisions arise due to the lack of real mechanisms for the enforcement of some court decisions. 7. Digitization of the judicial system. Despite the progress made over the past four years in the implementation of electronic justice, insufficient computerization of court processes has been identified, which complicates citizens' access to justice. A comparative analysis of the practices of ensuring the right to a fair trial in Ukraine and Lebanon made it possible to identify problems in the organization of legal protection of human rights in our country, which are quite realistic to eliminate in the shortest possible time, provided that there is political will. To overcome these problems, it is necessary to complete a comprehensive judicial reform, strengthen control over the integrity of judges, reduce political influence on the judicial system, and improve mechanisms for protecting citizens' rights.