Kachanov I. Judicial Guarantees of Human Rights.

The dissertation is focused on general and theoretical characteristics of judicial guarantees of human rights. The author has researched historical development and issues of the formation and evolution of judicial guarantees of human rights, the main element of which is the right to judicial protection. It has been concluded that the theory of natural law played a special role in forming the concept of guaranteeing human rights. That theory substantiated their integral and inalienable character. The role of court guarantees within the mechanism of protecting human rights and the place of the right to judicial protection in the doctrine of human rights have been determined. The author of the dissertation has also developed an approach, when the classification of the rights into positive and negative should be carried out not according to the criterion of the need for intervention by the state in order to implement a particular subjective right or the lack of such a need. The criterion of differentiation is the measure, where such interference becomes necessary for the maximum realization of human rights. Nowadays access to justice is recognized as a necessary feature of a country with the rule of law. The value of the access to justice principle is, in particular, in providing a certain procedural form for considering disputes and conflicts, established procedure by the procedural law for hearing cases by courts, the ability to take advantage of established procedural rights without any legal or factual obstacles. The author has also standed up the thesis that the implementation of judicial guarantees of human rights is possible only on condition of systematic implementation of a set of negative and positive obligations of the country, where the most important is to ensure access to the court and guaranteeing the execution of court decisions. The author has argued that the right to judicial protection can be considered an opportunity to appeal to the established procedural mechanism for the protection of the rights and freedoms in court, if it is provided with the procedural duty of the court to ensure such a protection. The author has underlined on the impossibility of realizing the right to judicial protection without ensuring the access to justice. Special attention has been paid to the fact that the provisions of the Constitution of Ukraine, which form the principles and basis of the right to judicial protection, are the highest in terms of their legal force and importance of the guarantees of the right to judicial protection. The author has emphasized that the legal guarantee of the rights to judicial protection is: 1) recognition of the right to judicial protection, in particular, the legislative consolidation of the possibility to file the petition to the court, the right to participate in the trial of own case, the right to appeal and cassation appeal, etc.; 2) legislative consolidation of the legal obligation of all other subjects to follow and not to violate these rights. The author has distinguished organizational guarantees among national guarantees of the right to judicial protection, in addition to the legal ones. The author has offered to understand them as the direct organizational activity of the state to ensure this right. The author of the research has also characterized the strategy for reforming the judiciary, justice and related legal institutions in Ukraine, which is taking place today. It has been emphasized that the effectiveness of its implementation will enable the full implementation of judicial guarantees of human rights.