Power of Access to Justice in Design Subjective Constitutional Right to Judicial Protection

Автор: O.Yu. Volchenko

Журнал: Ex jure @ex-jure

Рубрика: Публично-правовые (государственно-правовые) науки

Статья в выпуске: 4, 2025 года.

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The article is devoted to the study of a number of theoretical and practical problems related to ensuring access to justice for rights holders. The author defends the view that there is institutional competition between trends, on the one hand, the dominance of federal courts in the judicial system and the centralization of the judicial system, the expansion of the network of appellate and cassation instances, on the other hand, bringing the courts closer to the population (in Russia these are district and city courts, as well as world justice). A centralized judicial system has a number of significant advantages. Modern Russia is largely characterized by signs of centralization, statism and concentration of public power, which corresponds to a number of stable state traditions. At the same time, the judicial system cannot be completely centralized, especially if we take into account this complex of phenomena from the point of view of the constitutional requirement of accessibility of justice. The judicial system needs “closeness to the population” based on the general legal principle of subsidiarity.

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Justice, human rights, access to justice, fair trial, judicial protection, public power, constitutionalism

Короткий адрес: https://sciup.org/147253068

IDR: 147253068   |   УДК: 342.7   |   DOI: 10.17072/2619-0648-2025-4-87-102