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Article Proper Proof as an Element of the Right to Fair Trial in the Judicial Law of Ukraine (in the Framework of European Standards)
Authors Rabinovych P., Ratushna В.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 3 / 2015
Pages 87 - 97
Annotation The article is aimed at studying elements of the right to fair trial in accordance with the requirements of paragraph 1, Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Proper finding of the circumstances of the case is proved to be an important element of this right. The right to fair trial is enshrined in legislation of judicial procedure of Ukraine. Given the case-law of the European Court of Human Rights the judicial proof fosters implementation of the right to fair trial, provided that it is carried out within the adversarial model of litigation, with a view to reliable evidence for the court to make a decision, equal rights of parties in proof and if there is a reasonable judgment.
Keywords fair trial, proper proof, adversarial process, equality in the proof, reliability of evidence, validity of judgment.
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