THE ROLE OF CORRUPTION PREVENTION ENTITIES IN ENSURING FAIR JUSTICE IN COURTS OF FIRST INSTANCE
DOI:
https://doi.org/10.32999/ksu2307-8049/2025-3-12Keywords:
anti-corruption, anti-corruption policy, justice, judicial proceedings, criminal proceedings, anti-corruption system, European Court of Human RightsAbstract
The purpose of this article is to study the role and significance of corruption prevention actors in ensuring fair justice in the courts of first instance of Ukraine, taking into account international standards, the practice of the European Court of Human Rights (hereinafter – ECHR), and contemporary challenges. Methods. In the course of the study, general scientific methods were used: analysis and synthesis (to study individual elements of the corruption prevention system and their interrelationships), systemic-structural (when considering the activities of the High Anti-Corruption Court, the National Anti-Corruption Bureau, the Specialized Anti-Corruption Prosecutor's Office, and the courts as interrelated elements), as well as the method of functional analysis when assessing the functions of each corruption prevention entity and the case-study method when analyzing specific corruption cases. Results. In Ukraine, where the fight against corruption is a condition for European integration, effective interaction between corruption prevention agencies and courts of first instance, which are the main link in the judicial system, is of particular importance. The article notes that courts of first instance are a key link in the administration of justice and ensure the direct implementation of the right to a fair trial. Specific cases of the European Court of Human Rights were analyzed, and as a result, it was found that courts of first instance have effectively become an instrument of political pressure or formal enforcement of executive decisions, which contradicts the principle of the rule of law. Fair justice is only possible under conditions of an independent court, equality of the parties, and real protection of the rights of the accused, and it has also been confirmed that political rights (in particular, freedom of speech during elections) enjoy special protection in a democratic society. Analyzing the system of actors involved in preventing corruption while ensuring fair justice, the author concludes that corruption in the courts and among law enforcement officials undermines public trust in the state, therefore, the activities of prosecutors from the Specialized Anti-Corruption Prosecutor's Office, the National Anti-Corruption Bureau, and the High Anti-Corruption Court of Ukraine are key guarantees of compliance with the principle of the rule of law, and the distribution of functions among actors ensures balance and control. Conclusions. Fair justice is impossible without an effective system for preventing corruption. The system of corruption prevention entities in Ukraine plays a strategic role in ensuring fair justice. Their importance lies in guaranteeing independent investigation and judicial review of cases involving high-ranking officials; creating conditions for transparency and accountability of judges and officials; strengthening the trust of citizens and international partners in Ukrainian justice.