Demianchuk O.R. Guarantees of the right to a fair trial in extreme conditions: national and international standards

The article examines the right to a fair trial as a fundamental guarantee of human rights protection, which, in turn, is an essential condition for the rule of law in the state. It describes the historical prerequisites for the development of the right to a fair trial as part of both domestic and international legal discourse, from the emergence of the term “fair trial” in seventeenth-century legal language to its modern normative consolidation, primarily in the field of international human rights law. The content of the right to a fair trial is specified in Ukrainian national law and in international law, particularly in the context of the provisions of the Constitution of Ukraine, the Universal Declaration of Human Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights. The main components of the right to a fair trial are revealed, including the independence and impartiality of the judiciary, the publicity of proceedings, and the presumption of innocence. Special attention is paid to the analysis of the impact of extreme conditions–such as war, states of emergency, or martial law–on the exercise of the right to a fair trial. The article addresses the permissibility of restricting or derogating from states’ obligations in ensuring the right to a fair trial in accordance with Ukrainian national legislation and international human rights treaties. Based on the case law of the European Court of Human Rights, particularly in Golder v. the United Kingdom, Aksoy v. Turkey, and Ireland v. the United Kingdom, it is argued that even in situations of derogation, the state is obliged to guarantee a minimum standard of justice, which includes access to a court, the independence and impartiality of the judiciary, and, accordingly, the effective protection of individual rights. The article concludes by emphasizing the differences in the legal regulation of the right to a fair trial under Ukrainian legislation (in particular, the Constitution) and international legal instruments (including the Universal Declaration of Human Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights). The jurisprudence of the European Court of Human Rights demonstrates the interconnection between the right to a fair trial and the right to an effective remedy.