Journal article Open Access

Accessibility of Justice as an Element of the Right to a Fair Trial

A.S. Slavko, V.O. Vasilenko

The article deals with approaches to understanding the concepts of “access to justice” and “accessibility of justice” in the context of the case law of the European Court of Human Rights and Ukrainian courts, acts of international and national law, papers of domestic and foreign legal scholars. The study’s author believes that access to justice is an important element of the right to a fair trial and the right to an effective remedy. The study’s author points to the lack of a legislative definition of the concept of “accessibility of justice” and “access to justice” in both national and international law. However, this concept is widely used in international and national legislation. The author cites the views of a number of legal scholars on the content of the concepts of «accessibility of justice» and «access to justice». In particular, elements of access to justice are: a fair and public hearing before an independent and impartial tribunal; legal aid; the right to be advised, defended and represented; the right to an effective remedy.

Ukrainian scientists' positions on the elements of the concept of “accessibility of justice” and “access to justice” differ from those of foreign scientists. In particular, they indicate that accessibility of justice includes: 1) convenient location of the courts; 2) a sufficient number of judges; 3) the closeness of the court to the population of some geographic area. As conclusion some recommendations have been made to increase the access to justice level in Ukraine.

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