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Ensuring the Right to a Fair Trial in Commercial and Civil Proceedings in the Information Age


Serhii Demchenko, Volodymyr Dryshliuk, Liudmyla Tokarchuk, Valerii Prytuliak, L?ubomyra Melekh


Vol. 22  No. 5  pp. 507-514


A meaningful place among the rights that are universally recognized is the right to a fair trial. The importance of ensuring this right is especially reflected in civil and commercial proceedings because the effectiveness of the judicial system and procedural law, in general, depends on whether the violated right can be restored through a particular procedure. The rapid development of information technology is reflected in significant transformations in the judiciary and the development of the information system of the judiciary. Therefore, given the sugnificant role of ensuring the right to a fair trial in civil and commercial proceedings, it is necessary to explore the features of ensuring the right to a fair trial in these jurisdictions during the development of information technology, highlight key principles, and address issues of a fair trial. The research methodology consists of such methods as the system method, historical method, comparative legal method, formal-legal method, logical-legal method, method of alternatives, method of analysis, and method of generalization. As a result of the study, the peculiarities of ensuring the right to a fair trial in civil and commercial matters will be analyzed, taking into account both international experience and the norms of national legislation of different countries. In addition, the positions of the European Court of Human Rights (hereinafter ? ECtHR) on the content of the right to a fair trial as a set of elements, namely: unencumbered legal and economic barriers to access to justice, due process, public trial, reasonable trial time, consideration of the case by an independent and impartial court established by law. Input here the part of summary.


information age, the right to a fair trial, commercial proceedings, civil proceedings.