Essence and Content of the Concepts «Access to Justice» in Criminal Process
( Pp. 336-340)

More about authors
Zinaida A. Shalagina
St. Petersburg University of the Ministry of Internal Affairs of Russia
Moscow, Russian Federation Prokofeva Svetlana Mikhailovna Dr.Sci.(Law), Professor; professor of the Department of Criminal and Administrative Law
St. Petersburg State Marine Technical University (SPbGMTU)
St. Petersburg, Russian Federation
Abstract:
The purpose of the research. Accessible justice makes it possible to ensure the realization of fundamental human and civil rights and freedoms. Access to justice acts as a guarantee of the right to judicial protection enshrined in the Constitution of the Russian Federation and ensures its obtaining with the help of legislatively enshrined legal procedures. The problem of citizens' access to justice occupies a key place in the criminal process in relation to the modern conditions of the existence of civil society in a state governed by the rule of law. Numerous violations and restrictions of human and civil rights and freedoms at the pre-trial stages of the criminal process indicate that the participants in the criminal process do not have a real opportunity to exercise the right to access to justice. One of the reasons for this negative phenomenon is the absence of the concept of “access to justice in criminal proceedings” enshrined in the legislation. Results. The authors come to the conclusion that the concept, features and content of access to justice in criminal proceedings should be considered as one of the most important means of protecting the rights and freedoms of man and citizen. The necessary legal elements that make up the mechanism for the implementation of access to justice are outlined. The authors draw attention to the legal positions of the European Court of Human Rights on access to justice. The position that access to justice should be considered as a legally guaranteed opportunity for a person and a citizen to turn to judicial protection for the restoration of their violated rights and freedoms has been substantiated. The author's definition of the concept of "access to justice in criminal proceedings" is proposed.
How to Cite:
Zinaida A.S., Prokofeva S.M., (2022), ESSENCE AND CONTENT OF THE CONCEPTS «ACCESS TO JUSTICE» IN CRIMINAL PROCESS. Gaps in Russian Legislation, 4 => 336-340.
Reference list:
Alisov A.N. Correlation of the constitutional categories "access to justice" and "judicial protection" // Central Russian Bulletin of Social Sciences. 2015. № 2 (38). Рp. 113-118.
Ampleeva T.Yu. Justice in Russia: the thorny path of its formation ... // Law and Management. XXI Century. 2015. № 2 (35). Рp. 11-15.
Bessonova L.A. The category of "justice" in Plato's doctrine of the state // Bulletin of Economics, Law and Sociology. 2015. № 1. Рp. 86-89.
Vilkova T.Yu. Access to justice in criminal proceedings: legal positions of the European Court of Human Rights // Sciences of the criminal cycle. 2019. № 12 (157). Рp. 56-67.
Zorkin V.D. Rule of Law and Constitutional Justice // Journal of Russian Law. 2005. № 12. Рp. 30-36.
Kamardina A.A. On the concept and essence of justice in Russian criminal justice // Vestnik OSU. 2014. № 3 (164). Рp. 14-17.
Korpen A.S. To the question of the content of the right to access to justice // Law. Journal of the Higher School of Economics. 2016. № 2. Рp. 111-121.
Lazareva V.A. The right to judicial protection and problems of its implementation in pre-trial proceedings in a criminal case: Monograph. M., 2010. 168 p.
Mirza L.S. Access to justice (criminal procedural aspects): Monograph. Ed. Add. and reworked. M., 2009. 288 p.
Nosenko L.I. Some questions of the application of the principle "The implementation of justice only by the court" // Bulletin of OSU. 2010. № 3 (109). Рp. 132-135.
Keywords:
justice, access to justice, ensuring justice, court, criminal procedure.


Related Articles

PUBLIC LAW (STATE LAW) Pages: 14-19 Issue №72283
Expanding Powers of Higher Tax Authorities in Tax Process at the Stage of Resolving the Issue of Acceptance of Complaint for Consideration
tax process stage tax authorities taxpayer court
Show more
13. CRIMINAL PROCEDURE 12.00.09 Pages: 220-227 DOI: 10.33693/2541-8025-2021-17-5-220-227 Issue №19821
On the Possibilities of Integrating Artificial Intelligence into Criminal Proceedings
artificial intelligence machine-readable law ontology of law criminal procedure digitalization
Show more
5.1.4. CRIMINAL LAW Pages: 275-278 Issue №21250
Electronic Justice: An Overview of Global Trend
court electronic justice principles access to justice electronic document management
Show more
6. CRIMINAL LAW, CRIMINAL ENFORCEMENT LAW, V.P. REVIN"S SCIENTIFIC SCHOOL Pages: 146-149 Issue №2615
A few words on the construction of the concept of modern criminal policy aimed at protecting the interests of justice
the concept criminal policy management decision combating crime justice
Show more
SPECIALTY 12.00.04 Pages: 182-186 Issue №14694
LEGAL PRINCIPLES OF TAX PROCESS
principle tax process democracy justice legal process
Show more
14. Judicial, prosecutorial, human rights and law enforcement activities Pages: 179-181 Issue №15378
AUDIO PROTOCOLING OF CRIMINAL SESSIONS ON CRIMINAL CASES IN THE CONTEXT OF REFORM OF LITIGATION IN THE RUSSIAN FEDERATION
audio protocoling criminal proceedings criminal procedure legislation criminal procedure
Show more
1. EFFECTIVE COUNTERING TO CRIME IN THE CONDITIONS OF GLOBALIZATION: PROBLEMS AND PERSPECTIVES International scientific and practical conference, May 26-27, 2017, Nalchik Pages: 115-116 Issue №10195
CHECK THE MAJOR VERSIONS IN THE COLLECTION OF PRIMARY MATERIAL AS A WAY OF SOLVING CRIMES IN HOT PURSUIT
confrontation crime investigation the inspection of the scene the activities of the investigator
Show more
miscellaneous Pages: 235-240 Issue №46030
The Evolution of Evidence and Evidence in the Domestic Criminal Process
evolution evidence proof criminal procedure Ancient Russia
Show more
9. Judicial, prosecutorial, human rights and law enforcement activities Pages: 142-148 Issue №10472
Conscience and sense of Justice of the Russian judges as a guarantee of fair administration of criminal justice and combat corruption in modern Russia
corruption anti-corruption conscience awareness the court
Show more
4. CRIMINAL LAW (5.1.4.) Pages: 229-232 DOI: 10.33693/2072-3164-2022-15-7-229-232 Issue №22457
Practical Features of the Qualification of Acts Aimed at Non-Execution of a Court Verdict, Court Decision or Other Judicial Act
malice competition legality justice sentence
Show more