The Factors of Access to Justice: Definition and Classification

Abstract

The paper considers the factors significantly influencing the implementation of the principle of access to justice and develops the definition of these factors and their classification. The principle of access to justice is one of the essential procedural principles that guarantee the fulfillment of the goals and objectives set for justice, which necessitates a clear and comprehensive understanding of both the inner content of this principle and the phenomena closely related to it. The factors of access to justice as one of the scientific categories are practically not studied in the literature – many authors use this term (some of them offer their classification) but the factors are poorly researched, only as a necessary addition to the research subject-matter without giving them due attention for implementing this procedural principle. This study has practical significance: the consolidation of the principle of access to justice in the branch procedural codes (which, undoubtedly, should happen) should be supported with the detailed description of how this principle should be implemented in practice and what must be considered to assess the performance of the judicial system in the context of compliance with this principle. A simple statement that justice should be accessible is nothing more than a declarative norm (which already exists in the country’s fundamental law). For this purpose, it is necessary to create a normative description of facts and circumstances, the presence or absence of which should indicate whether justice is accessible at the moment.