Judicial Independence as an Essential Element of the Right to a Fair Court

Abstract

The article presents the scientific analysis of the concept of independence of the court as a structural element of the right to a fair trial guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. The emphasis is laid on the case study of law practice in the European Court on Human Rights (ECHR). The article reveals the content and the principal characteristics of judicial independence criteria established by the ECHR: the manner of appointment of the court members, the terms in office of its officials, the existence of guarantees against outside pressures and the presence of external attributes of independence. The analysis concerns also the assessment of the current state of regulatory and practical measures to ensure independence of the judiciary in Ukraine and their compliance with the requirements of the ECHR. According to the results of the study conclusion is made that the standards of judicial independence are complex in nature and are aimed at ensuring the proper administration of justice, and its implementation can be ensured through effective and efficient protection of human rights and freedoms.