The dissertation study provides a theoretical generalization and proposes a new scientifically based approach to understanding the paradigm of access to justice in the constitutional and legal aspect, taking into account the challenges of modern legal development, social stratification and the functioning of justice in conditions of extraordinary legal regimes.
Within the framework of the study of the conceptualization of the term "justice", it is emphasized that the right to access to justice is a key element of the rule of law, which ensures the protection of human and citizen rights and freedoms, and also serves as the basis for establishing justice in society.
In summary, justice is not limited to the functioning of the judiciary, but is a multifaceted phenomenon that encompasses a wide range of institutional, procedural and social mechanisms for ensuring justice, including alternative dispute resolution, administrative procedures and active participation of citizens in the exercise of their rights.
It is proposed to consider the concept of "justice" through the prism of two fundamental approaches: justice in a scientific and theoretical approach (broad) as a multifaceted system of law enforcement activity, which encompasses not only the jurisdictional function of judicial bodies, but also the activities of other institutions of a human rights nature, aimed at resolving legal conflicts by ensuring the rule of law, restoring justice, protecting subjective rights, freedoms and legitimate interests of individuals and legal entities, as well as guaranteeing the stability of law and order and the effectiveness of the legal system in society; justice in the constitutional-legal approach (narrow) within the framework of exclusively jurisdictional activities of judicial bodies that function as institutions of judicial power, exercising their powers in accordance with the principles of the rule of law, legality, independence and impartiality of judges, equality of all subjects before the law and the court, in order to resolve legal disputes, adopt binding court decisions, ensure the protection of the rights, freedoms and legitimate interests of subjects of legal relations, as well as establish justice, law and order and implement the constitutional goals of the state.
The author's understanding of the term legal stratification is proposed as a process of differentiation and hierarchization of subjects of law by the level of access to legal mechanisms, opportunities for the implementation and protection of rights, as well as by status in the legal system. The functions inherent in legal stratification are derived, including: stabilization and disproportionate.
It is summarized that the principle of equality is not absolute and allows for differentiated legal regulation provided that it has an objective and reasonable justification.
The paper emphasizes that within the 20th–21st centuries, the evolution of the judicial system is focused not only on the elimination of direct legal barriers, but also on overcoming structural obstacles that may limit access to justice for various social groups. It is proposed to consider the right to access to justice through the prism of the following principles: the principle of differentiated equality; the principle of legal guarantees; the principle of functional efficiency; the principle of financial accessibility; the principle of territorial accessibility; the principle of procedural fairness and impartiality; the principle of reasonable deadlines; the principle of digital inclusion; the principle of institutional autonomy and independence; the principle of information transparency; the principle of social sensitivity; the principle of adaptability; the principle of consistency with international standards; the principle of legal education and legal awareness.
A model of the current state of development and establishment of the right to access to justice in the form of "formally inclusive justice" is presented, which is explained by the influence of two important factors: the existence of legal guarantees without real mechanisms for their implementation, socio-economic and administrative barriers. It is summarized that ensuring access to justice in conditions of emergency legal regimes requires a combination of regulatory certainty with the institutional adaptability of the judicial system, which necessitates the development of a holistic model of effective access to justice, which includes the following key elements: the primacy of the rule of law, stability of access to justice, support for vulnerable groups of the population, international legal coordination, institutional capacity of the judicial branch, legal education and inclusive participation in access, and a balance of law and security.
