Kozakevych O. Ensuring access to justice in transitive conditions

The thesis for the degree of Doctor of Philosophy in the specialty 081 "Law" - National University "Odessa Law Academy. Odessa, 2021. Urgency for research of access to justice is conditioned by the need to take into account the impact of modern transitional processes on the judicial system and the formation of a modern concept of access to justice. The basic idea of the concept is to form the system of justice, that, first of all, can help to reduce organizational barriers to the proper exercise of civil right of access to justice. The first section considers the theoretical and methodological foundations of research on access to justice in transitive conditions and highlights the current state of research on the concept of access to justice in jurisprudence, which provided the following areas: research on access to justice at the general theoretical and philosophical and legal levels; research on the issue of access to justice in the legal sciences of substantive law; research on the issue of access to justice in the legal sciences of procedural law. Also in the first section, access to justice is considered as a guarantee of human rights. Factors (barriers) in the conditions of transitivity that hinder the realization and protection of the right to access to justice have been identified. The barriers include, in particular: the instability of the legal system, which is a determining factor in restricting the right of access to justice; unstable, situational, imperfect procedural legislation; shortcomings of law enforcement case law; staff shortage and low level of legal qualification of judicial staff; delaying the consideration of court cases due to the vacancy of judges and the large number of court cases per judge; procedural obstacles to access to justice, complicated procedure for applying to the court, excessive regulation of issues related to the requirements for the content of the statement of claim, the procedure for submitting evidence; high cost of quality legal services; low level of legal culture and legal knowledge. Mechanisms for overcoming barriers to the exercise and protection of the right of access to justice have been identified. The mechanisms are: legal education and legal education on the rights, responsibilities and legal protection of citizens (population); formation of the judiciary on the basis of an open competition with the participation of international experts; application of procedures that facilitate recourse to the courts (development of public justice centres, implementation and dissemination of legal aid programs in the national legal system); improving the institution of constitutional complaint; development of electronic litigation; formation of the institute of transitive justice; development of alternative (extrajudicial) and pre-trial dispute resolution. The definition of the right to access to justice is given, which is understood as a separate human and civil right enshrined in substantive and procedural law, which consists in the possibility of free (unimpeded) use of judicial, alternative (extrajudicial) and pre-trial procedures for fair and effective protection of their rights. The second section reveals the forms of realization of the right to access to justice in the conditions of transitivity. It is proved that a constitutional complaint can potentially become one of the tools of deliberative (advisory) democracy due to its following properties: 1) a constitutional complaint is a means of counteracting illegal and unjust court decisions and / or arbitrary interference of state bodies; 2) the satisfaction of a constitutional complaint may result in the repeal of a rule of law that contradicts or violates human rights; 3) a constitutional complaint is a means of influencing the individual and civil society on the law-making of state bodies; 4) a constitutional complaint is a means of involving citizens in the process of public administration and control over the activities of state, including law-making bodies.