Every democratic state recognizes and values human rights and freedoms and sees the maintenance of these rights as a high priority both at the national and international level. In Ukraine, the rights and freedoms of individuals and citizens is guaranteed by a system of Legal norms, organizational means and methods, conditions and requirements provided for by the Ukrainian Constitution and its Legal framework, but the effectiveness of these guarantees is directly dependent on the level of development of the Legal principles of the state, the sphere of economic relations, the level of development in democratic institutions, compliance with the fundamental principle of the rule of law and the effective implementation of Legal norms, the level of Legal consciousness and Legal culture of the population, the coherence of the interests of the population and society, and the presence of a highly effective body of constitutional control. This issue remains relevant in contemporary Ukraine and is always high on the agenda of international organizations when formulating development strategies and solving the global problems of humanity. The Constitution of Ukraine recognises that the life, health, honour, dignity, inviolability and security of an individual are of the highest social value, and that it is the main duty of the state to affirm and protect human rights and freedoms (Constitution of Ukraine, 1996).
One of the key human rights in a modern democratic state is the right to a fair trial. This is confirmed by Article 6 of the European Convention on Human Rights, which guarantees the right to a fair and public trial within a reasonable time by an independent and impartial court established by law, when determining a person's civil rights and obligations or when considering any criminal case charges against a person.
1)
This right is enshrined within the framework of the Constitution of Ukraine, the laws of Ukraine and international laws which have been ratified and integrated into national legislation. The right to a fair trial ensures that the interests of an individual and society as a whole are protected by independent and impartial courts which carry out their activities on the basis of the rule of law and the laws, taking into account the principle of competition between parties.
As part of the research, it is important to define the essence of the concept of impartiality. In modern Ukrainian, the word "impartial" is defined as the state of lacking a deceptive, negative, pre-formed opinion or prejudice against anyone, anything.
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The Constitution of Ukraine recognizes and applies the principle of the rule of law.
3)
The rule of law is a fundamental principle of law which states that no individual can be considered above the law; no one can be punished by the state, except for a direct violation of the law; no one can be prosecuted for an offence other than in accordance with the procedure established by law. Accordingly, as the fundamental principle of a democratic society, the rule of law entails its implementation in the law-making and law-enforcing activities of the state. It, in turn, involves the implementation of the idea of social equality, justice and respect for human rights and freedoms into Legal norms. The unique nature of the rule of law as a fundamental principle lies in the fact that it not only serves to regulate the life of people and their coexistence but also to regulate the relations between the population and the state represented by state bodies. It also applies to the Legal regulation of relations between public authorities themselves. Accordingly, it directly concerns the judiciary, because the rule of law is characterized by an independent judiciary which protects people from arbitrariness on the part of the state, while respecting human rights and freedoms.
4)
It is important to note that the importance and value of the concept of the rule of law lies in the power in which this principle denies to the state and society and also in the discipline that the representatives of the state must observe; indeed, these requirements are conditional for the exercise of power in a democratic society in which power comes from the people, with the role of the government being to serve their needs. Judicial authority and prestige can only develop when people can see the actual administration of justice in accordance with the prescriptions of the law and the norms of legislation. Such actions correspond to the discipline of the law, which the courts are required t
