RIGHT TO JUDICIAL PROTECTION: PUBLIC ADMINISTRATION ASPECT

Abstract

The purpose of the scientific study is to provide a general description of the right to judicial protection in Ukraine and to identify the key problems that impede its effective use by the population and business entities. The article analyzes both the legislative field of the right to judicial protection and theoretical approaches to its understanding. The author provides his own definition of the concept of the right to judicial protection, distinguishes its constituent parts. The legal nature of the right to judicial protection is also determined. It is substantiated that the right to judicial protection is a fundamental right that lies in the center of the state. An assessment of the factors that prevent the state from guaranteeing the right to judicial protection (russia’s war against Ukraine, global challenges of the XXI century) is provided. The article analyzes the relationship between the state of ensuring the right to judicial protection in the state and domestic and international ratings, in particular, the rule of law, investment attractiveness, the global investment index, as well as the level of life satisfaction, the level of trust in state institutions, etc. Referring to various sociological studies, the author draws conclusions about the tendency to reduce trust in the courts over the past 3 years, which indicates that the state does not sufficiently ensure the right to judicial protection. Based on this, the author argues on the need to revise the mechanisms of judicial protection of rights and freedoms and develop appropriate changes to reform it. In addition, in the study, the author examines the constitutional reform of 2016, which affected not only the judicial system, but also related institutions – the bar and the prosecutor’s office. The judicial system in Ukraine is schematically depicted – both before the constitutional reform of 2016 and now. The author proposes to consider the right to judicial protection from the perspective of the theory of public administration – Public Value Management. According to this theory, the criterion for the effectiveness of the right to judicial protection is the result – the real satisfaction of the need of an individual to protect and restore the violated right. Thus, the author believes that the mechanisms of judicial protection in Ukraine should be improved in such a way that every person can freely exercise his right to protection and restoration of violated rights and freedoms.