General principles for ensuring the availability of protection in a judicial process

Abstract

The nature of ensuring the availability of protection through complaints to the proper jurisdictions is a complex mechanism, a process involving a wide range of participantswith numerous factors and factors of individual and objective origin. Principles of accessibility of justice are of interest not only in the stability and uniformity of regulating such a spectrum of relations. They have a cross-sectoral effect on the whole system of legal protection. However, if the principles of accessibility of justice have a cross-sectoral content, the principles of accessibility of administrative and jurisdictional protection are specific, because they are close to the nature of the relations of public administration.

In order to establish theplace of the accessibility law principlesin jurisdictional protection, a logical chain of linkage between principles "from concrete to general" are built.

Firstly, the principle of accessibility to administrative justice is an element of the principle of jurisdictional protection, which, in turn, is the principle of administrative law. Secondly, the principles of administrative law are aimed at the realization of the right of the individual to protection in relations with the authorities. The right to defense is a fundamental constitutional principle enshrined in Art. 55 of the Constitution of Ukraine. Thirdly, the right to defense is the guiding principle of the rule of law and a guarantee of the realization of another principle - the rule of law. Therefore, it can be argued that the availability of administrative and jurisdictional protection is an element of the mechanism of action of law as a universal value.

The general principles of law are determined by the effect of the phenomenon of the rule of law as a tool for regulating public relations. The general law principles of ensuring the availability of administrative and judicial protection include the following: free legal aid; procedural equality and competitiveness of the parties; procedural affiliation (accessibility) and admissibility of the procedure; the permissible limit; the admissibility of the complaint.

As the phenomenon of accessibility goes through the whole process of filing, reviewing and resolving a complaint, the general law principles of ensuring the accessibility of protection apply at all stages and procedures of protection, such as: accessibility, which ensures the smooth submission of a complaint; accessibility that accompanies the merits of the case; availability that ensures the enforcement of a court (administrative) decision.