Судова практика та доктрина «належної правової процедури» у практиці міжнарожних судів

Currently, due process faces complex challenges arising from social, technological, and political transformations that test its ability to adapt and evolve. One of the most pressing problems is the crisis of access to justice, which affects many countries where large segments of the population face economic, geographical, or cultural barriers to effectively defending their rights. This situation gives rise to what some authors call “differentiated citizenship”, where the degree of legal protection that people receive varies according to their economic capacity, level of education, or belonging to marginalized groups. The collapse of many judicial systems under the weight of excessive procedural burden exacerbates this problem, leading to delays that are themselves denials of justice. Faced with this challenge, different jurisdictions have implemented reforms such as shortened processes, alternative dispute resolution mechanisms, and the use of technology to streamline procedures, while always taking care not to sacrifice fundamental guarantees for the sake of efficiency. The growing interest in defining the essence and content of due process is due to the significant social importance of procedure in law as a guarantee of effective law-making, law enforcement, and the protection of the rights and freedoms of individuals and citizens. Due process is a fundamental concept in the legal field that ensures that all people have the right to a fair trial and to be heard. This principle underlies many legal systems worldwide and is essential for protecting individual rights. In this article, we will take a detailed look at what due process is, its importance, its components, and how it is applied in various legal situations. The article examines the most important guarantees of personal freedom and inviolability, which are reflected in international human rights agreements and enshrined in the constitutions of modern states, and analyses international judicial practice.