Безсторонність суду у кримінальному провадженні крізь призму практики Європейського суду з прав людини

The article examines the content, legal nature, and significance of the principle of judicial impartiality, which is an essential component of the right to a fair trial guaranteed by Article 6 §1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, with a particular focus on the criminal procedural aspect. The authors provide a detailed analysis of the approaches developed by the European Court of Human Rights (ECHR) regarding the interpretation of judicial impartiality, highlighting its specific application through the lens of subjective and objective criteria. Particular attention is paid to the relevant case law of the ECHR: the authors compare cases where the Court found a violation of judicial impartiality with those where no violations were established. This allowed identifying typical factors indicating judicial bias and clarifying the permissible limits of judges’ behavior under the Convention. Furthermore, the authors thoroughly examine the national aspect of implementing the principle of judicial impartiality in Ukraine, including the analysis of the legal framework and practical application of the institution of judicial disqualification provided by Ukrainian criminal procedural law. Based on an analysis of the Supreme Court’s decisions, the article demonstrates the level of compliance of national judicial practice with standards developed by the ECHR and highlights key practical problems arising during the implementation of procedural guarantees of impartiality. In conclusion, the authors provide specific recommendations for improving legislation and judicial practice in Ukraine to ensure more effective safeguarding of the right to an impartial tribunal in criminal proceedings, consistent with international human rights standards. The authors further emphasize the importance of a systematic approach to improving the institution of judicial impartiality in Ukraine, in particular, the need to improve legislative initiatives that ensure maximum transparency and independence of judicial bodies. At the same time, developing national practice, the experience of the ECHR should be taken into account, which will allow creating a clearer and more effective system of mechanisms for protecting against bias of judges in criminal cases. Further improvement of law enforcement mechanisms and expansion of judicial responsibility can be important steps to strengthen citizens’ trust in the judicial system of Ukraine and increase its compliance with international human rights standards.