REALIZATION OF THE CONSTITUTIONAL RIGHT TO A FAIR TRIAL IN THE CONTEXT OF THE PANDEMIC-ECONOMIC CRISIS

Abstract

The subject of the study are public relations in the sphere of ensuring the constitutional right to a fair trial in the modern judicial proceedings in Europe and Ukraine. Methodology. The methodological basis of the study are methods of induction and deduction, dialectical-materialistic method, the method of analysis and synthesis, the historical method, which allowed to objectively understand the content and essence of the issues under study. The aim of the article is a theoretical and practical study of the aspects of realization of the constitutional right to a fair trial in the conditions of the pandemic economic crisis. The results of the study showed that the use of any digital technology for tasks related to the administration of justice under anti-epidemic restrictions requires an appropriate legal framework, since the principle of legality should apply to all procedural actions, including remote questioning using messengers. The digitalization of the judiciary itself carries significant risks that lie in the realm of cybersecurity and certain constitutional and even ethical constraints. In particular, both Ukrainian and foreign experience of digital monitoring of persons subject to quarantine restrictions revealed the first threats of leakage of personal information and large-scale government interference in private life, incorrect assessment of information by artificial intelligence, followed by the imposition of controversial fines. Conclusion. The author considers it possible to consider the right to a fair trial in Ukraine as a legal tradition, since this right is not enshrined at the constitutional level. This situation presents several problems: the right to a fair trial depends entirely on the beliefs and sense of justice of the individual law enforcement officer, and complainants are deprived of their constitutionally guaranteed ability to invoke a violation of the right to a fair trial if their substantive and procedural rights are not respected. In today's environment, litigators with authority need to improve both their digital and health culture in order to be able to use information tools to address litigation and procedural decision-making, taking into account the health risks to individuals in an adverse epidemic situation. Solving these and other interrelated tasks will ultimately contribute to the smooth operation of the epidemic in accordance with international standards and the adaptation of Ukrainian judicial proceedings to European standards of justice.