Access to justice and problems of its restriction in criminal proceedings in Russia

Abstract

The article analyzes the controversial issues of defining the concepts of "right of access", "accessibility of justice to justice", "accessibility of court", "access to court", as well as the problems of restricting access to justice in criminal proceedings. The authors analyze in detail the existing approaches to the definition of these concepts. The subject of the study is the norms of Russian and foreign legislation regulating the right to access to justice in criminal proceedings. The object of the study is the legal relations arising from the realization of the right to access to justice. When writing the work, the following methods were used: universal system method of cognition, comparative legal, formal legal, statistical methods, as well as the method of logical analysis of normative legal acts. It is shown that the concept of "accessibility of justice" expresses an external objective factor unrelated to the criminal justice system, and "access to justice" in criminal proceedings should be considered as an internal objective factor, an intra-system factor associated with the very architecture of the construction of criminal proceedings, due to its public-legal nature. The authors analyze the study of complaints about the restriction of the right to access to justice received by the Commissioner for Human Rights in the Russian Federation. The conclusion is substantiated that it is necessary to create a fundamentally new algorithm (legislative model) of the initial stage of criminal proceedings, providing access to justice without destroying the fundamental basis of criminal proceedings, while maintaining an optimal ratio between public and dispositive beginnings of criminal proceedings.