Open AccessTHE QUINTENZENCE OF UNDERSTANDING «THE RIGHT TO JUDICIAL PROTECTION»
Author(s) -
Olexiy Haran
Publication year - 2021
Publication title -
pravova deržava
Language(s) - English
Resource type - Journals
ISSN - 2411-2054
DOI - 10.18524/2411-2054.2021.41.225570
Subject(s) - political science , law , judicial review , fundamental rights , constitution , legislation , judicial activism , exclusive right , law and economics , human rights , sociology , intellectual property
The article is devoted to the disclosure of certain issues concerning the understanding of the legal nature of the "right to judicial protection" as an important component of the right of individuals to protection of their rights, freedoms and interests through the prism of today's challenges. It is determined that the right to judicial protection is a complex legal phenomenon and includes certain elements. Emphasis is placed on the structural components of the "right to judicial protection". The allocation of individual components of the right to judicial protection allows to analyze the state of implementation of the right to judicial protection, to forecast its development and to determine the direction of such transformation. The concept of "right to judicial protection" can be defined as a set of legal possibilities of each person for effective restoration of rights, within the limits and in the manner prescribed by law and provided by an independent and impartial court, by a fair and public hearing within a reasonable time. Decisions and guarantees for the exercise of the right to judicial protection. The right to judicial protection is ensured by constitutional guarantees of the administration of justice by courts established on the basis of the Constitution of Ukraine and in the manner prescribed by law. Studies of the legal nature of the right to judicial protection are of great importance both for the development of the theory of law and for the formation of effective practice. A promising vector of further research is the improvement of national legislation and its harmonization with international standards of observance of the individual's right to judicial protection. It is emphasized that in the period of rapid transformation of society in the field of rights of persons to judicial protection, there is a significant increase in the number of persons wishing to exercise their right to judicial protection, and this leads to adjustment to new challenges of relevant justice structures. between all participants in judicial protection. It is noted that under the influence of objective factors, the legal nature of the "right to judicial protection" is changing rapidly, radically.