Problems of providing of availability of justice are in civil proceedings

Abstract

In the real article investigational and the question of legal problem of availability of justice is generalized in the civil proceedings as to the standard of the just proceedings. An author exposes maintenance of concepts «access to the justice» and «availability of justice». In the work there are analyzed the scientific points of view of leading domestic scholars in the field of civil procedural law, the purpose of which was the multifaceted issues of access to justice in civil cases.
An author marks that the question of availability of justice must be examined first of all from positions of the legal adjusting and decision of them within the framework of judicial form.
An author comes to the conclusion, that availability of justice means a right on a court, that includes not only a right to apply in a court, and also right on the decision of dispute of cramps and awarding judgement.
Drawn conclusion, that the state of realization of proceedings needs upgrading and efficiency and urgent events sent to the search of ways of decision of such problems, as providing of equal access to the justice, just dispatch of judicial businesses, acceptance of clear and reasonable court decisions.
In the process of writing of the article an author is analyses the generalized practice of European Court of human rights.
In the article an author marks the basic problems of judicial (procedural) character, that influence on availability of justice.
On the basis of analysis of national legislation, international norms and precedent practice of the European Court of human rights an author asserts that availability of justice in the civil proceedings is the system phenomenon.
An author comes to the conclusion, that availability of justice in the civil proceedings is a certain standard that includes for itself certain elements.