LEGAL REGULATION OF THE RIGHT OF ACESS TO COURT (ON THE EXAMPLE OF ADMINISTRATIVE JUDICIARY)

Abstract

The article is devoted to the study of the legal regulation of the right to access to justice in administrative proceedings. The author argues that the european integration process and ratification of sources of international law require from Ukraine to implement many european standards in all spheres of socio-political life of the state, including the judiciary. First of all, it concerns the provision and guarantee of the mechanism of protection of individual rights by establishing effective remedies in case of violation of the rights, freedoms and interests of individuals before a national authority. It is noted that the case law of the European Court of Human Rights has developed basic guidelines for determining the content of the right to access to justice, possible and permissible restrictions on this right, the conditions of access to justice, etc. It is pointed that access to justice should be seen as the right of any person to litigate. It corresponds to the obligation of the state, represented by the competent court, to consider and resolve the case. The right of access to justice is one of the fundamental rights of the individual, guaranteed both at the international and national levels. In Ukraine, the right of a person to unimpeded access to justice is a constitutional right that cannot be restricted even during martial law. It is argued that access to justice is a requirement enshrined in international norms and national law which reflects generally accepted factors in the administration of justice that states are encouraged or committed to. For the practical realization of the right to judicial protection, it is necessary to have the appropriate will of the person (appeal to the court) and certain conditions enshrined in the procedural codes (procedural legal personality, compliance with the procedure for appeal to the court, etc.). The proper exercise of the right of access to court has as a consequence the opening proceedings, the begining of procedural activities of the court and parties, consideration and resolution of the case. The author concludes that the national legislation should provide not only the possibility of appealing the violation, but also the existence of an effective and efficient mechanism for reviewing this appeal, making a competent decision in the case and, if necessary, restoration of the violated right.