РІВНІСТЬ ПЕРЕД ЗАКОНОМ І СУДОМ У ПРАКТИЦІ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ

Abstract

In this article, we researched the European Court of Human Rights case law for the application of aspects of equality before the law and the court. Besides, it is separated categories of judicial disputes in terms of a researched issue. Furthermore, we analyzed the current legislation of Ukraine on the implementation of judgements and application of the case-law of the European Court of Human Rights.

We studied the Convention for the Protection of Human Rights and Fundamental Freedoms, particularly equality before the law and the court and processed judicial cases on this issue.

According to the position of the European Court of Human Rights, the principle of equality of parties to a trial – in the sense of "fair balance" between the parties – requires that each party is provided with a reasonable possibility to present a case in the conditions that do not put another party at a significant disadvantage.

There are considered the concepts of "principle of equality" and "procedural equality". We found that the principle of equality before the law and the court manifests the general principle of equality. However, in different legal systems – international law and national (domestic) – due to the peculiarities of the subject and nature of relations, this general principle is expressed in such special forms as the principle of sovereign equality in international law and the principle of equality of so-named subjects (citizens, legal entities) in domestic law.

The position of the Constitutional Court of Ukraine is also analyzed. Due to that, the fundamental of equality of all parties to a trial before the law and the court provides guarantees of access to justice and realization of the right for judicial protection enshrined in the first paragraph of Article 55 of the Constitution of Ukraine. This fundamental derives from the general principle of equality of citizens before the law, defined by the first paragraph of Article 24 of the Basic Law of Ukraine, and concerns, in particular, the sphere of justice. Equality of all parties to a trial before the law and the court provides for a single legal regime that ensures the realization of their procedural rights.

In the end, we analyzed the official statistics of the judicial proceedings of the European Court of Human Rights for 2020.