On the understanding of the right to court protection in administrative proceedings

Abstract

Judicial protection of human rights and freedoms is one of the types of state protection of human rights and freedoms, of a citizen. And it is the state that assumes responsibility and duty. The right to judicial protection is the constitutional right of every person to apply to court for protection of their violated, unrecognized or disputed rights, freedoms and interests, implemented through the relevant procedural codes (CPC, CAS, CPC) and which guarantees the possibility of a fair consideration of the case without obstacles, including access to professional legal assistance, which is the cornerstone of a legal state. This is a comprehensive institution that ensures the implementation of human and citizen rights and freedoms through the judicial system.

The right to a fair trial is one of the fundamental human rights and deserves special attention from scholars and practitioners, since it is through the right to a fair trial that it is possible to ensure, implement and restore all other rights and freedoms.

The article examines the right to judicial protection as a complex legal institution of a substantive and procedural nature, which consists in defining the right to judicial protection as the unity of its substantive content and procedural form, since the right to judicial protection can be realized only in court proceedings.

The presence of different approaches to defining the right to judicial protection poses a large number of problems not only in the scientific community, but also in law enforcement activities. It is obvious that at the current stage of development of Ukrainian society it is necessary to work on developing unified theoretical approaches to defining and characterizing the most important theoretical categories. This situation has a general negative impact on the entire Ukrainian society, but at the same time, identifying and eliminating all the reasons that prevent the achievement of this goal is a complex not only practical, but also theoretical problem.

Analysis of judicial practice makes it possible to say that the right to judicial protection is perceived and applied rather ambiguously, and therefore, the right to judicial protection, proclaimed by Article 55 of the Constitution of Ukraine, requires separate scientific research to clarify its concept and content.