AVAILABILITY OF JUDICIAL PROTECTION AS A PRINCIPLE OF THE ADMINISTRATIVE TRIAL IN UKRAINE

Abstract

The article describes the theoretical and practical achievements in the realiza- tion of the right to the judicial protection through the prism of the principle of ac- cess to justice or the principle of the court access. It provides the possibility to form the position that those concepts have the conventional difference, which is mostly based on certain scientific traditional notions. Thus, the Law science of the pre- revolutionary period of in Russia and Ukraine is characterized by the study of the principle of the accessibility of justice itself, as the state activity, in particular the judiciary functions, concerning the consideration of the disputes related to the rights and interests of the law subjects of in the specially prescribed procedural form. The jurisprudence of the European Court on Human Rights is characterized by the use of the term "right the court access ". In terms of the content those notions are very similar. They combine the procedural and material components of ensur- ing the fair trial of all cases.

The article has cleared up that the European Court on Human Rights reveals the content of the principle of the rule of law, which has a complex nature. The law quality is its integral part, that is the law availability, predictability and compliance with all the requirements of the rule of law. The state of the current legislation of Ukraine and its variability, as well as the consistant reforming of the judicial system, make it impossible to implement the principle of the judicial protection in full scale. In addition, the factors hindering or complicating the achievement of the judicial protection of the rights and freedoms of a citizen have the legal, political, social, economic and even historic background. The level of legal culture and the mentality of society are directly related to the institutions of the state power. Therefore, the court, which is available in our country, is just a product of the society, in which it exists. Another change in the judiciary system or procedural legislation will not have a real positive effect, because the guaranteed implementation of the judicial protection principle is possible only with the development of democratic institu- tions, in particular the civil society institute.