The Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights, being a source of land law in Ukraine, serve as an effective instrument for protecting the rights of landowners and land users. One of the rights guaranteed by the Convention is the right to a fair trial. Over decades of interpreting the provisions of the Convention and repeatedly examining complaints concerning violations by states of the individual’s right to a fair trial, the European Court of Human Rights has significantly detailed the obligations of states in this regard. This article explores the constituent elements of the right to a fair trial and their interpretation by the European Court of Human Rights. In the context of the case Ferrazzini v. Italy, the Court’s interpretation of the category of “civil rights,” which must be fairly examined by an independent and impartial tribunal established by law, is analyzed. The legal positions of the European Court of Human Rights regarding the enforceability of court decisions as a component of the right to a fair trial are also reviewed. In this context, an analysis is conducted of cases directly related to land disputes, including those involving Ukraine, such as Rysovskyy v. Ukraine and Ponomarenko v. Ukraine, as well as ECtHR cases concerning the right to a fair trial that did not involve land rights (e.g., Hornsby v. Greece). The criterion of “reasonable time” as a component of the right to a court is also considered. Additionally, the study analyzes the requirement for the state to ensure the consideration of land cases by a “tribunal established by law.” Based on the case Sokurenko and Strygun v. Ukraine, it is concluded that a “tribunal established by law” includes not only the existence of a legal basis for the functioning of a particular judicial body but also compliance by that body with the limits of its competence. The ECtHR permits a court to act beyond its powers, but only in exceptional circumstances and with proper justification for its actions. As a result of the analysis, the legal positions of the European Court of Human Rights regarding the requirements for the functioning of the judiciary and the state as a whole in resolving land disputes in accordance with Article 6 of the Convention were systematized.
Volodymyr Paliichuk (Thu,) studied this question.