Доступність адміністративного судочинства: проблеми подолання дискримінації

Abstract

Abstract. The article is devoted to the study of the problems of accessibility of administrative proceedings through the lens of overcoming the problems of discrimination. The principle of access to the court is key in ensuring the right to justice in the modern social and legal reality, provided for by numerous international and national norms of the constitutional and industry levels, therefore the change of certain guarantees of the judicial process causes threats to the accessibility of the judicial process. It was established that new opportunities in the field of electronic justice create a problem of discriminatory access to administrative proceedings. Guarantees of human and citizen rights and freedoms, implementation of the principle of equality and non-discrimination remain the key paradigm of modern society, legal system and practice. The position is motivated that the latest virtual capabilities should be adapted to years-tested and internationally recognized world standards. The article points out the duality of the nature of administrative proceedings, which consists in the fact that courts can act in a double role: on the one hand, they are institutional state bodies that are obliged to create fair guarantees of protection against discrimination, and on the other hand, they themselves can complicate access to justice for certain groups of people or an individual due to his protected characteristics, thus the person affected by a discriminatory situation receives secondary victimization, which additionally has a destructive effect on the legal reality and the state of law and order and trust in the authorities. A separate analysis is devoted to the problem of proper access and non-discrimination of persons with disabilities and persons with limited mobility. It is proposed to expand the list of protected features in Article 8 of the Civil Code of Ukraine in accordance with the legislative policy of preventing and combating discrimination in Ukraine, and to supplement Clause 9 of the Regulations on the Procedure for the Operation of Individual Subsystems (Modules) of the Unified Judicial Information and Telecommunication System with additional guarantees for users with impaired vision, hearing, locomotor apparatus, speech and intellectual development, as well as with various combinations of disorders. Keywords: electronic justice; administrative justice; rule of law; discrimination; persons with disabilities; protected signs.