Content of the Right to the Access to Justice

Abstract

The paper features the content of the right to the access to justice in terms of international law and its correlation with the right to a fair trial and the right to judicial protection. The author notes a special feature in the development of the concept of access to justice originating in national law and gets fixed in the acts of international organizations and bodies on the protection of human rights and international treaties. The analysis of the evolution of the conception enables to specify a special aim of legal regulation as to providing a possibility to every interested party to get involved in the litigation procedure concerning the rights and interests irrespective of economic and other obstacles. The paper assesses the views of foreign authors on the concept of access to justice and shows the causes of their wide, universal approach to this concept. The author examines the right of access to justice in two variants: as an access to national means of protection and the access to international tools. A prerequisite for right to the access to international mechanisms is specified, i.e. approval of state to join a certain protection mechanism. The author defines the right to the access to justice and specifies the principle of equality before court to justify this right. The paper stresses that currently the access to justice is increasing both nationally and internationally. This may show a formation of commonly recognized right to the access to justice instrumental in removing barriers between the parties interested in examining a certain dispute and the mechanisms of court administration.