This dissertation is devoted to a comprehensive scientific study of the constitutional limits of the exercise of the right to defense in court. A significant amount of work by Ukrainian and foreign researchers deals with problematic aspects of judicial protection of human and civil rights and freedoms, but the question of the constitutional limits of the exercise of the right to protection in court remains poorly understood. The regulation of rights inevitably leads to the establishment of their boundaries, rather than to a wide range of actions. Legal science and practice face the task of clarifying, through in-depth analysis, the issues of the constitutional right to judicial protection, the mechanism of exercising the right to protection and the role of the court in this mechanism, as well as the development of legislative improvements on this issue.
The norms of the Constitution in the aspect of the right to protection stipulate that rights and freedoms are protected by a court; everyone has the right to a defense in court; the jurisdiction of the courts extends to any legal dispute. Judicial protection is guaranteed to everyone, thus, citizens, legal entities, foreign citizens, stateless persons have the right to apply to the court for judicial protection and to receive judicial protection. The Constitution guarantees judicial protection of all rights, freedoms and legally protected interests. There are ongoing discussions as to whether each right defined in Section II of the Constitution of Ukraine "Rights, Freedoms and Duties of Man and Citizen" can be protected by a court, in the absence of a clear mechanism (regulation) as a right can be protected. The author expressed his opinion on this issue and proposed its settlement. It is stated that judicial protection is an institution of constitutional and procedural law, and includes the right to apply in accordance with the rules of jurisdiction to the competent court to resolve a substantive dispute: administrative, commercial, civil. The right to judicial protection consists of two components - the right to go to court for judicial protection and the right to receive judicial protection. The application of the right to judicial protection to protect a specific violated or disputed right is carried out by applying to the relevant court with a statement of claim and further use of the mechanism of judicial protection within the procedural order established by law. Some elements of the content of the right to judicial protection, taking into account international standards, are highlighted. The study highlighted that the Constitution guarantees the right to protection through judicial review, which extends to any legal dispute. The study of this issue determines that not all legal disputes are examined by the court in practice. This is primarily due to the fact that special laws and procedural legislation prescribe the subject jurisdiction, the categories of cases from which you can go to court and get judicial protection. The analyzed practice of the Supreme Court in the issue of disputes that are not subject to judicial review, indicates the lack of legislative improvement, settlement of this aspect of law. Therefore, the formation of criteria for determining whether a legal dispute should be the subject of judicial protection
or not occurs by setting precedents for judicial practice. It is established that the application of the method of using judicial precedent in each specific situation does not solve the global issue - inconsistencies between the Constitution and procedural law. The need to scientifically develop a distinction between legal disputes to be resolved by a court and minor legal conflicts that can be resolved through mandatory pre-trial dispute resolution procedures has been stated. Legal disputes that are serious and significant for the protection of human and civil rights must be considered in court. To this end, it is proposed to legislate the concepts of "legal conflicts" and "legal disputes". Such a distinction will make it possible to distinguish minor conflicts that do not require judicial review and resolve them in a pre-trial dispute resolution. The Constitution of Ukraine stipulates that the law may provide for a mandatory procedure for pre-trial settlement of a legal dispute. The author mentions the issue of legislative unresolved situations when the dispute is not subject to consideration by the court to which the person appealed and other courts of a particular jurisdiction, but the court in refusing to open or close proceedings due to procedural law must indicate to which court the person should apply. protection of their violated right. The experience of European countries in the application of the procedure of pre-trial settlement of disputes through the introduction of administrative procedures and alternative methods of their resolution is analyzed.
