Applicability of the Right to a Fair Trial Guarantees in Administrative Justice: Practice of the European Court of Human Rights and Ukrainian Realities

It has been attempted in this paper to delineate the scope of application of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 with the aim of its application by the Ukrainian courts in the resolution of public law disputes. Historical and comparative analysis of the European Human Rights Court decisions allowed to come to the conclusion of the applicability of the civil-law aspects of the right to a fair trial relating disputes arising in the public sphere. The criteria that the Court is guided by in addressing the question referred to the applicability of the Convention’s rules and that should be taken into consideration by the courts of Ukraine have been marked. The types of public-law disputes in the resolving of which the Court extends guarantees Article 6 § 1 of the Convention with caution have been defined. The attention has been paid to the consequences that may occur in the case of ignoring the guarantees that are reflected in the Convention’s regulations, but did not find
proper legislative consolidation in the Code of Administrative Procedure of Ukraine.