Original scientific paper

https://doi.org/10.32914/i.55.1-2.6

IMPARTIALITY IN COURT PROCEEDINGS

Roman I. Blahuta ; Lviv State University of Internal Affairs, Lviv, Ukraine

Abstract

The importance of the rule of law for the functioning of a democratic state makes this research topic relevant. The study aims to examine the principle of impartiality as one of the key principles of legal procedures, define its place in the provisions of international treaties, international legal acts, and the legislation of Ukraine, and study its interpretation in practice of the European Court of Human Rights. The main research method we used in the article was the formal-legal method, which allowed us to ana-lyze the legal framework of international law, court practice, and the legislation of Ukraine. This, in turn, helped us to examine the level of legal regulation on the principle of impartiality and find out cer-tain gaps. The article explores the practice of the European Court of Human Rights and, on its basis, substantiates as the conclusion the importance of the principle of impartiality in judicial activity. More-over, having analyzed the legislation of Ukraine, we revealed the need to refine the consolidation of the principle of impartiality and its detailed interpretation in regulatory legal acts, in particular, the Law of Ukraine On the Judiciary and Status of Judges. The practical significance of the article is to prepare the basis for amendments to the legislation of Ukraine.

Keywords

the principle of impartiality; the judiciary; the principles of legal procedure; the European Court of Hu-man Rights

Hrčak ID:

269963

URI

https://hrcak.srce.hr/269963

Publication date:

1.1.2022.

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