• A
  • A
  • A
  • ABC
  • ABC
  • ABC
  • А
  • А
  • А
  • А
  • А
Regular version of the site
  • HSE University
  • Publications of HSE
  • Articles
  • Разумный срок судопроизводства и доступность правосудия в английском гражданском процессе: теоретическое осмысление и практическая реализация

Article

Разумный срок судопроизводства и доступность правосудия в английском гражданском процессе: теоретическое осмысление и практическая реализация

Фокин Е. А.

The article is devoted to the concept of access to justice, appeared in the second half of the twentieth century in Europe, and its perception in modern English civil procedure law. The main attention is paid to the issue of providing reasonable time for legal proceedings. Precisely the timeliness of the trial is one of the main requirements of the access to justice, which was confirmed both in the practice of the European Court of Human Rights and in the science of procedural law. The article begins with a brief overview of the evolution of the English civil procedure in the second half of the twentieth century. The impact of the practice of the European Court of Human Rights on only partially codified English procedural legislation is assessed. Then the ideas of the Florentine project are considered in detail, which became prerequisites not only for comprehend of the concept of access to justice in English science, but in general, for the reform English civil procedure. Attention is paid to the underestimated contribution of the Italian professor Mauro Cappelletti to the world procedure-legal science. The final part of the article reflects the current state of the English civil procedure, in particular, the Civil Procedure Rules (the main source of reformed English civil procedural law) are analyzed in terms of the concept of access to justice. As an example of the successful outcome of the reform procedural and legal mechanisms are provided to ensure a reasonable time for trial in English civil procedure. The main conclusion is that the positive experience of the English reform can be a model and a source of inspiration for states that are in search of a balanced procedural legislation, including Russia.