Ensuring the right to fair trial as a component of the subject of judicial law within European integration

Abstract

It has been demonstrated that the present stage of legal reform is conducive to finding new ways of its implementation, including conceptual solutions of doctrinal nature, where one of them may be the formation and consolidation of a new branch – judicial law on the scientific and legislative levels.

It has been determined that the content of court legal relations is formed out of several specific characteristics, such as the judicial power and its agencies. Ensuring the right to fair trial can be viewed in different cases as a manifestation of judicial and legal relations of various types.

It has been emphasized that the experience of the attempts to codify the basic provisions of judicial law was unsuccessful due to the lack of methodological basis, which should be considered nowadays, on the one hand, activation of European integration paradigm of the judicial reform, on the other – activation and the inevitability of updating the strategic task of ensuring the right to fair trial that is a condition for approaching the national judicial system to European standards. It has been established that the subject of legal regulation of judicial law is judicial and legal relations, which are social relations arising, developed and terminated in the sphere of organization and implementation of judicial power in accordance with statutory grounds for the purpose of court protection of law. Judicial and legal relations provide the existence of a mandatory participant – the judicial power and its agencies, and, therefore, it is public and legal.