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Publication date: 27.05.2024
Ensuring the equality of procedural rights of all participants in the legal process before the law and the court
Introduction
Ensuring the equality of procedural rights of all participants in the legal process is a fundamental principle of justice that guarantees a fair trial. In Ukraine, this principle is enshrined in the Constitution and other legal acts. However, in practice, situations often arise when this principle is violated. Amending the Code of Administrative Proceedings of Ukraine (KASU) is a necessary step for improving procedural guarantees and ensuring equal rights of all participants in administrative proceedings.
Analysis of current legislation
Constitutional principles
According to Article 24 of the Constitution of Ukraine, citizens have equal constitutional rights and freedoms and are equal before the law. This provision is the basis for ensuring equality of procedural rights in court proceedings.
Administrative Judicial Code of Ukraine
KASU contains norms that regulate the procedural rights and obligations of participants in the administrative process. Article 7 of the Civil Code establishes the principle of competition between the parties, which is an important element of ensuring equal rights. However, some provisions of the code need to be clarified and improved in order to fully ensure the equality of procedural rights.
Problems of ensuring equality of procedural rights
Inequality in access to legal aid
One of the main problems is unequal access to legal aid. Litigants who do not have sufficient financial resources often face difficulties in defending their rights in court. This is especially true of socially vulnerable population groups.
The difference in the legal capabilities of the parties
In many cases, the parties to the administrative process have different opportunities for gathering evidence, preparing procedural documents and representation in court. This can create unequal conditions for the protection of one's rights. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Procedural barriers
There are certain procedural barriers that may complicate access to justice for certain categories of citizens. This includes complex complaint procedures, confusing legal language and other technical aspects of the legal process.
Proposals for changes to the CAS
Expanding access to legal aid
It is proposed to make changes to the CASU, which will provide for the expansion of access to free legal aid for participants in the administrative process. This may include the provision of lawyers at the expense of the state for socially vulnerable sections of the population.
Ensuring equal opportunities for gathering evidence
It is necessary to make changes to the CASU, which will guarantee equal opportunities for gathering evidence by all participants in the process. This may include the introduction of judicial assistance mechanisms in the collection of evidence for litigants who do not have sufficient resources.
Simplification of procedural procedures
It is proposed to simplify procedural procedures, make them more accessible and understandable for all process participants. This may include simplification of the form and content of procedural documents, the introduction of clear instructions and clarifications regarding the submission of complaints and statements.
Introduction of electronic justice
The implementation of electronic justice can significantly simplify access to justice and ensure equality of procedural rights. This includes the possibility of submitting documents in electronic form, conducting court hearings in video conference mode, etc.
Conclusion
Ensuring the equality of procedural rights of all participants in the judicial process is a key component of fair and effective justice. Analysis of the current legislation, in particular the Code of Administrative Procedure of Ukraine, indicates the need to improve the legal framework to ensure full compliance with this principle.
Problems related to unequal access to legal aid, the difference in the legal capabilities of the parties and other aspects limiting the equality of procedural rights require attention and taking appropriate measures.
