The Principle of Procedural Justice (Procedural Equality) and the Principle of Equality of the Parties: the European Court of Human Rights Practice

Abstract

The article highlights the interpretation of the principle of procedural justice (procedural equality) and the principle of equality of arms issued by the European Court on Human Rights (ECtHR) and their significance for the Ukrainian courts. The author argues that the implementation of these principles in the national practice of justice, along with other principles of the ECtHR, contributes to ensuring the court decisions accurateness and makes the democratization of justice inevitable. The study focuses on the evolutionary development of these principles in terms of current trends in the judiciary. The block diagrams illustrate the importance of these principles for legal proceedings. The specific examples of these principles implication in the practice of the European Court on Human Rights contribute to a better understanding of their importance. Among the principles of human rights advocacy developed by the is the principle of procedural justice (or procedural equality). This principle is invoked by the Court when a significant number of witnesses are involved in the case. The principle of equality of parties in court proceedings. is called to ensure a level of equal conditions for the parties during the proceedings (in particular, the individual and the State). ECHR considers that this principle requires a reasonable opportunity for party to present the case in a side that does not place the other party at a significantly disadvantage position relative to the other party. This principle is defined by the ECHR as one of the components of a broader concept of a fair trial: each party should be given the opportunity to present its case under conditions that do not put the party at a disadvantage position relative its opponent. Special attention is paid to the testimony used by the courts in criminal proceedings, witness' anonymous testimony obtained at the pre-trial stage of proceedings, and their usage by the court.