Abstract

The coronavirus pandemic (Covid-19) has caused many challenges to democracy around the world. Under the new conditions, states must implement effective quarantine measures, as well as take decisions that justifiably and least restrict human rights. In this pandemic context of many restrictions, it is important to pay attention to ensuring access to justice and to investigate its level of security. The article aims to analyze the right of access to justice in the context of the Covid-19 pandemic, both in Ukraine and other countries. The subject of the study is the public relations that arise during the exercise of the right of access to justice in the pandemic context. The research methodology includes a scope of methods, the most important of which are the dialectical method, the analysis method, the synthesis method, the comparative method, the induction method, and the deduction method. As a result of the study, an analysis of the right of access to justice in the context of Covid-19 has been made. The main conclusion of this study is that the Covid-19 pandemic has clearly shown that the transition to online technology and other innovations in the judiciary has so far been too slow. On the other hand, in the context of ensuring access to justice the pandemic has become a kind of trigger for the rapid development and implementation of the latest innovative technologies in the field of access to justice.

Highlights

  • The right to judicial protection is guaranteed both at the level of the constitutions and follows from the Convention for the Protection of Human Rights and Fundamental Freedoms (1950), namely the right to a fair trial and the right to an effective remedy

  • As a result of the study, the relations related to ensuring access to justice both in Ukraine and in other countries of the world in the context of the Covid-19 pandemic were analyzed

  • The right of a person and a citizen to access to justice as an opportunity for a person to obtain judicial protection without hindrance is one of the fundamental rights enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms and which cannot be limited even in a state of emergency

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Summary

Introduction

According to Art. 55 of the Constitution of Ukraine (1996), human and civil rights and freedoms are protected by the court and everyone is guaranteed the right to appeal in court against decisions, actions, or omissions of public authorities, local governments, and officials. The Constitution of Ukraine (1996) stipulates that when adopting new or amending existing laws, the content and scope of existing rights and freedoms may not be narrowed and this norm is absolute, and some exceptions to the general rule may take place only in case of martial law or state of emergency. According to Art. 64 of the Constitution of Ukraine (1996) provides that the constitutional rights and freedoms of man and citizen may not be restricted, except in cases provided by the Constitution of Ukraine. In conditions of martial law or state of emergency, certain restrictions on rights and freedoms may be established, indicating the term of these restrictions

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