Balance of Court Protection Effectiveness and Access to Justice in the Context of Achieving Civil Litigation Goals

Abstract

The paper analyzes the notions “court protection effectiveness” and “access to justice” in civil cases, as well as the balance between them. The study established that court protection accessibility is the key for effective justice; however, the accessibility does not guarantee effectiveness. Moreover, there were revealed objective and subjective circumstances influencing achieving civil litigation goals in the context of justice effectiveness. Subjective factors encumbering receipt of the court protection of violated rights are circumstances depending on the plaintiff. In some instances, a goal of judicial recourse cannot be achieved because of plaintiff’s bona fide ignorance. Objective preclusions do not depend on the plaintiff though sometimes are created by courts. The authors studied indicators, conditions, assessment criteria, guarantees of court protection effectiveness, alongside with characteristics of the latter. There was made a conclusion that the most significant characteristics of court protection are the following: timely case consideration; rationality of procedural activities by the court and interested persons; procedural economy; validity, relevancy, equitableness of a trial court decision; its stability and consistency with higher courts position within the principle of legal certainty; court decision enforceability. There have been worked out ways to improve legislation that are aimed at optimizing implementation of the right to judicial recourse and receiving effective court protection. Some of the most significant ways are stimulation of mediation through offering relief for the payment of state duty, implementing criteria for admissibility of complaints, as well as criteria for admissibility of limitation of the right to judicial recourse.