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Европейские стандарты справедливого судебного разбирательства: современные вызовы
. The subject of this study is the current trends in the right to a fair trial in the case-law of the European Court of Human Rights. The authors strive to identify the main vectors and directions for the development of the Court’s approaches on the most pressing issues of applying Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The study consists of several basic blocks.
In the first block the authors give an evolution of the Court’s position regarding the right to a fair trial, while refusing to comment on specific elements of this right and seeking to consider Art. 6 of the Convention in terms of the main judicial doctrines of the ECHR.
The second block examines the main trends in the criminal procedure aspect of the right to a fair trial, including the evolution of the court’s views on the right to defense, the right to question witnesses and the right to the services of an interpreter.
The third and fourth parts of the work are devoted to the problems of implementation of the provisions of Art. 6 of the Convention and the case-law of the ECHR in Russian justice in civil and criminal matters. The authors make a cautious attempt to analyze the latest changes in the sphere of the judicial system and procedural legislation of Russia in terms of the Convention requirements and the main approaches of the Court.
The chronic problems of the Russian criminal process are particularly emphasized from the point of view of the case-law of the ECHR, which, unfortunately, have not yet been resolved.
The final part identifies further possible ways to implement the right to a fair trial in Russian justice in civil and criminal cases.