The impact of European standards of a fair trial on the realisation of the right to judicial protection and the development of restorative justice in administrative proceedings in Ukraine

Abstract

The purpose of the study was to examine the level of compliance of Ukraine’s legislation and judicial practice with European standards of a fair trial emphasising their influence on the development of restorative justice principles. The methodology included systemic analysis, a comparative-legal approach and content analysis. The study established that administrative justice in Ukraine largely corresponded to European standards, but problems existed in the field of accessibility, the efficiency and the enforcement decisions. It was revealed that the key challenges remained the length of proceedings, insufficient implementation of the practice of the European Court and limited access. The introduction of restorative approaches in administrative justice, in accordance with European principles, was found to promote dialogue between citizens and the state, the restoration of violated rights and trust in public institutions. It was established that the introduction of European standards contributed to strengthening the protection of citizens’ rights. Analysing the Ukrainian experience through the lens of restorative justice and European standards revealed ways to ensure a fair and humancentered trial, such as reinforcing restorative procedures, strengthening judicial independence, improving judicial decision enforcement, and increasing citizens’ access to justice.