SOME PROBLEMS OF RESTRICTION OF THE PRINCIPLE OF ACCESS TO JUSTICE

Abstract

In the article entitled "Some problems of restriction of the principle of access to justice", the author touched upon the scientific and practical problems of restriction of the principle of access to justice, raised such important questions as whether the principle of access to justice and the right to judicial protection can be restricted, and if so, then how and to what extent, whether the general criteria for restriction of rights and freedoms should be applied to them.

Review of various scientific and practical sources on the issues discussed in the article allowed the author to conclude that in the absence of conventional and constitutional grounds for stipulating permanent or temporary restrictions of the fundamental right to judicial protection and, accordingly, the principle of access to justice by the state to a certain degree for certain aims and under certain conditions, they are absolute and not subject to any restrictions.

Possible restrictions relate not to the restriction of the right to judicial protection, but to its integral component - the right to access to the court, the right to a court. States are under the obligation to establish appropriate procedural conditions for recourse to the courts, which must be overcome by persons seeking judicial protection.

Therefore, the conditions for exercising the right to access the court, provided for by law, are aimed at increasing the effectiveness of the exercise of the right to judicial protection, but at the same time they should not compromise, undermine the very essence of the constitutional right to judicial protection, otherwise they jeopardize the existence of the principles the inviolability of this right and access to justice.