IMPLEMENTATION OF THE RIGHT OF ACCESS TO COURT IN UKRAINE THROUGH THE PRISM OF INTERNATIONAL LEGAL STANDARDS

Abstract

The article examines the theoretical, legal, and practical aspects of the implementation of the right of access to court in Ukraine through the prism of international legal standards. Particular attention is paid to the formation of international standards in the field of judicial protection enshrined in the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as in the acts of the Council of Europe. The paper reveals the evolution of approaches to understanding the right of access to court in the practice of the European Court of Human Rights, which defines it as a practical and effective right rather than a formal guarantee. The study analyzes the influence of international legal standards on the formation of the national system of judicial protection in Ukraine, particularly through constitutional provisions and procedural legislation. The main criteria for the effective implementation of the right of access to court are identified, including the actual possibility of applying to a court, the absence of excessive procedural barriers, the financial accessibility of justice, compliance with reasonable time limits, and the guarantee of equality of the parties in the proceedings. It is emphasized that the implementation of international standards is of crucial importance for ensuring the effective functioning of the judicial system. It is substantiated that, despite the existence of normative guarantees of access to court in Ukraine, their practical implementation still requires further improvement. In particular, this concerns the elimination of procedural and factual barriers, increasing the efficiency of judicial proceedings, and ensuring a real rather than formal opportunity to apply to judicial institutions. Particular attention is paid to the need to ensure genuine access to justice under contemporary social challenges, since effective access to court constitutes one of the key guarantees for the implementation of the rule of law both within the international community and in Ukraine. At the same time, it is argued that the further improvement of judicial protection mechanisms and the harmonization of the national legal system with international standards are necessary conditions for strengthening public trust in the judiciary.