О некоторых подходах к пониманию сущности конституционного права на судебную защиту

Abstract

The article highlights issues related to the theoretical and legal understanding of the nature of the right to judicial protection guaranteed by the Constitution of the Russian Federation. The analysis of this legal category is given through the prism of material-legal theory using the method of historicism. The problematic issues concerning the understanding of the essence of the institution of the right to judicial protection of its origins are considered. A parallel is drawn between the right to judicial protection, as well as the concept of a claim and the right to a claim. Special attention is paid to the consideration of the right to judicial protection from the point of view of constitutional law. This constitutional right is considered as one of the types of state protection of human and civil rights and freedoms, ensuring the guarantee of rights and freedoms through the activities of the system of courts as specialized state bodies. In addition, the circle of subjects entitled to judicial protection, as well as the rights and freedoms themselves subject to it, is analyzed. The methodological basis of the research was the modern general scientific and private scientific methods of scientific cognition of social phenomena and processes (dialectical, inductive, deductive, analysis, synthesis, formal legal), as well as the comparative historical method.