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  • Эволюция идей доступности правосудия в правовой науке и практике Европейского Суда по правам человека

Article

Эволюция идей доступности правосудия в правовой науке и практике Европейского Суда по правам человека

Фокин Е. А.

The problem of access to justice continues to be relevant both in the practice of the European Court of Human Rights and at the level of national legal regulation. The purpose of this article is to systematize the accumulated theoretical ideas about the access to justice and analyze their practical implementation by the ECHR. The study begins with a historical overview of views on access to justice. It is concluded that indirectly this problem was understood by mankind since the time of Roman law, but the systematization and specification were obtained only in the second half of the twentieth century. Then the article gives a brief comparative analysis of the concepts of "access to justice", "the right to access to justice", "access to court". This analysis is based, among other things, on the Russian doctrine. The main part of the article is devoted to the practice of the ECHR. Thus, the analysis of the practice begins with a review of Case of Golder v. the United Kingdom, the judgment on which became the foundation and basis for the further positions of the ECHR. It also provides an overview of the dissenting opinions of judges who have not accepted the need to ensure access to justice as an independent element of the right to a fair trial. Further, the article reveals the approaches of the ECHR to restrictions on the right of access to justice, compares the legal position of the ECHR, when such restrictions are possible, and when they violate the Convention for the Protection of Human Rightsand Fundamental Freedoms and fundamental freedoms (European Convention). Finally, considerable attention is paid to the question of what essential features justice should possess for the purposes of the right of access to justice. At the end of the article, a brief overview of the areas where access to justice intersects with other elements of the right to a fair trial is given. Article is based on comparative legal and historical methods of analysis.