Year: 2025
Type: article
Abstract: The article is devoted to the analysis of the study of ensuring and implementing access to justice. It is determined that the right to access to justice is inherently a general legal guarantee of a person and a citizen to judicial protection. At present, ensuring access to justice for internally displaced persons is one of the priorities of the State. Due to the realities of martial law, the issue of access to justice for internally displaced persons is one of the most pressing issues. The author systematically argues that access to justice is a complex concept, since it should be understood that it includes not only the right of access to court, but also access to legal aid, physical access to court, compliance with the reasonableness of the terms of consideration and the opportunity to participate in the case, the financial aspect of access to court procedures, etc. It is determined that in the context of access to justice for internally displaced persons, the most painful problem is the appeal of this category of persons to the court at the place of their actual residence. It is argued that the certificate of registration of an internally displaced person indicates the fact of the registered place of residence. Therefore, the courts consider that such a certificate is not a proper document that would certify the confirmation of the place of residence, and therefore cannot be considered a legitimate factor in determining the territorial jurisdiction of a case and often deny internally displaced persons the administration of justice atthe place of actual residence. It is proved that the right to free legal aid for internally displaced persons is a particularly important institution, since the current realities and the legal regime of martial law significantly affect the financial resources of citizens who do not have the material resources to pay for legal services. It is substantiated that it is necessary to enshrine at the legislative level the right of an internally displaced person to apply to court at the place of his/her territorial registration.
Source: Constitutional State
Authors: O. M. Kozakevych, B. P. Tkachuk
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409767474