Issue: № 11, 2025
Doi: https://doi.org/10.37634/efp.2025.11.10
Introduction. The paper emphasizes the importance of focusing attention on the main task of the judicial process and on the right to a fair trial, taking into account the circumstances of the specific case. The paper emphasizes the importance of focusing attention on the main task of the judicial process and on the right to a fair trial, taking into account the circumstances of the specific case. In addition, it is important to remember about conflicts, gaps in legislation, and shortcomings that must be eliminated for effective legal regulation. The purpose of the paper is to reveal the meaning of the concept of “excessive formalism” in order to investigate all the negative phenomena that may be associated with it. The study was conducted through the prism of comparing the experience of the Ukrainian state and foreign countries. Results. The study revealed that the Supreme Court has developed a number of criteria in its practice to distinguish between formalism and excessive formalism. In addition, a comparative analysis of the practice of foreign states revealed that legal purism largely stems from the historical context of a particular state. For example, in Poland, the experience of the socialist system and “formalism of public law” led to the formation of a practice of strict purism. In turn, Brazilian judges rely more on human values. Conclusion. In the context of formalism, it is particularly important to strike a balance between purism and excessive flexibility, as both have exclusively negative consequences. At the same time, if the “golden mean” is adhered to, it is possible to speak with certainty about the proper administration of justice with strict adherence to all legal principles.
Keywords : procedural formalism, excessive formalism, purism, access to justice, fair trial, efficiency
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