Access to justice research: On the way to a broader perspective

Storgaard, Asbjørn

doi:10.35295/osls.iisl/0000-0000-0000-1352

Cited by 4 publications

(1 citation statement)

References 100 publications

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“…Moreover, it is a matter of strengthening and building democracies; therefore, gender justice serves as a benchmark for the State's actions [ 10 ]. Access to justice is understood as the existence of facilities that enable all individuals, without any discrimination, to enjoy all the resources and services that ensure their safety, mobility, communication, and understanding of judicial services, thereby guaranteeing prompt and effective justice [ 11 , 12 ].…”

Section: Literature Reviewmentioning

confidence: 99%

Justice for rural women: An exploratory analysis of institutions and mechanisms to access justice in Chimborazo, Ecuador

Alvarado-Vélez,

Silva-Conde,

Medina-Garcés

et al. 2024

Heliyon

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Section: Literature Reviewmentioning

confidence: 99%

Justice for rural women: An exploratory analysis of institutions and mechanisms to access justice in Chimborazo, Ecuador

Alvarado-Vélez,

Silva-Conde,

Medina-Garcés

et al. 2024

Heliyon

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Public and fair consideration of a case by an impartial and independent court in criminal proceedings: European standards and Ukrainian realities

Navrotska,

Boreiko

2024

SLS

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Accessible justice and public and fair consideration of the case are important achievements of humanity, but Ukraineʼs legislation does not provide all the opportunities that can allow participants in the judicial process to influence the course of pre-trial investigation and judicial proceedings, which actualises the research on the subject. The purpose of the study was a comprehensive analysis and generalisation of various aspects of the exercise by private participants in criminal proceedings of the right to a fair and impartial consideration of a case by a court. The study was conducted on the basis of a number of general scientific methods and asynchronous comparative analysis of the previous and current criminal procedure legislation and practice of Ukraine, a number of international acts, acts of a recommendatory nature, case law of the European Court of Human Rights. The analysis of the Ukrainian criminal procedure legislation, considering its compliance with the provisions of European standards of access to justice allowed stating that, in general, these standards are met and sometimes even exceeded. Therewith, there are certain omissions and shortcomings of the national legislator in relation to certain special procedures of criminal proceedings – namely, proceedings based on agreements and proceedings in private prosecution cases. Such shortcomings groundlessly block and make it impossible for both parties to the criminal conflict to actually appeal to the court: the victim (or one who considers themselves as such), the suspect/accused, and persons who are not parties to a particular criminal proceeding but the interests of whom are directly affected by the courtʼs decision. It was argued that the problems concerning the implementation of real access to justice in criminal proceedings in Ukraine have many insufficiently examined or rather controversial theoretical aspects, the legal regulation of certain provisions by the national lawmaker is far from generally recognised world and European standards and rules, and the relevant law enforcement practice is also imperfect. Therewith, it was stated that certain law enforcement, legislative, and theoretical problems still have effective solutions. The considerations and conclusions set out in the study can be used by the legislator when making changes and additions to certain regulatory legal acts and can be useful for both individuals and employees of criminal justice bodies

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Access to justice for war victims in Ukraine

Fuley

2023

Alʹmanah Prava

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The ongoing war in Ukraine is a test for rule and law and justice. Mass atrocities and scale of destruction during the full-scale phase of armed aggression against Ukraine inevitably bring up the issue of a real embodiment of the rule of law. The article examines the issue of access to justice as one of the necessary elements of the rule of law with particular attention to the access to justice for victims of war in Ukraine. The author emphasizes that the concept of access to justice has been developed in the English-speaking environment, where «fairness in the way people are dealt with» and «the system of laws in a country that judges and punishes people» are denoted by the same word – justice. This fact explains the attractiveness of «access to justice» as a catchphrase. The concept of access to justice is perceived primarily as an important element of the rule of law which enables individuals to protect themselves against infringements of their rights and to remedy civil wrongs and not just access to a court as an institution. Considering the role of the judiciary to apply the law in accordance with an appropriate, that is to say, sufficiently transparent and predictable, interpretative methodology, the author concludes that the absence or inconsistency of terminology used in normative acts can be considered as one of the indicative examples of regulatory obstacles to access to justice. Thus, the use and correlation of the concepts (and hence the terms) «victim» (zhertva), «injured person» (postrazhdala osoba) and «victim (in criminal proceedings)» (poterpilyi) has been analyzed – both in national legislation and in translations of international treaties valid for Ukraine, where the concept of victim is used. In addition to regulatory ones, there may also be institutional obstacles, i.e., the criminal justice system traditionally pays more attention to the rights of the accused than to the victim of a crime. Both types of obstacles (regulatory and institutional) acting cumulatively may lead, i.e., to secondary victimization in the treatment of vulnerable victims and witnesses. It is emphasized that in the conditions of full-scale armed aggression against Ukraine, the approach of national courts is undergoing changes. There is a tendency of Ukrainian judiciary to be more victim-oriented in criminal as well as civil cases. Analysis of verdicts concerning Art. 438 of the Criminal Code of Ukraine (CCU) (violation of the laws and customs of war) issued after the beginning of the full-scale invasion and available in the State registry of court decisions shows that the courts take into account the vulnerability of the victims, explicitly mentioning it in the verdicts. Considering a civil case filed by a widow of a military serviceman who died during a combat mission in 2014 in the Luhansk region (who acts in her own interests and in the interests of minor children) against the Russian Federation, the Supreme Court ruled that Ukrainian courts have the right to ignore the immunity of Russian Federation and consider civil cases of compensation for damage caused to an individual as a result of armed aggression of the Russian Federation. Key words: access to justice, rule of law, victim, war crimes, gender-based violence, vulnerable persons, victims of war, reparations.

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Access to justice research: On the way to a broader perspective

Cited by 4 publications

References 100 publications

Justice for rural women: An exploratory analysis of institutions and mechanisms to access justice in Chimborazo, Ecuador

Justice for rural women: An exploratory analysis of institutions and mechanisms to access justice in Chimborazo, Ecuador

Public and fair consideration of a case by an impartial and independent court in criminal proceedings: European standards and Ukrainian realities

Access to justice for war victims in Ukraine

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