Scientific Journal of the National Academy of Internal Affairs

Access to justice is one of the six consensual elements of the rule of law recorded in the well-known Report On The Rule Of Law, adopted in 2011 by the European Commission For Democracy Through Law (Venice Commission) (hereinafter the 2011 Report). Given the multifaceted nature of the phenomenon, access to justice may be approached from a few different perspectives. The purpose of the article is to distinguish access to justice and similar notions, as well as to formulate author’s list of the rule of law requirements relating to access to justice through analysis of the 2011 Report. Research methodology combined methodological (scientific) approaches (axiological, systemic); general scientific methods to research the subject and build relevant scientific knowledge (analysis, synthesis, abstraction, generalization, comparison, hermeneutic and historical approaches); principles of scientific (philosophical) cognition of the subject (objective, scientific, specific, comprehensive). Works of foreign and national scholars, papers, reports and handbooks on access to justice prepared under the aegis of international organizations as well as international documents (conventions, reports and practical guides, etc.) served as theoretical foundation of the study. The scientific novelty of the article is primarily that the following specific rule of law requirements relating to access to justice were identified: ability to challenge governmental decisions and actions in court; essential role of the judiciary as the guarantor of justice; power of the judiciary to determine which laws are applicable and valid in the case, to resolve issues of fact, and to apply the law to the facts, independence and impartiality of the judiciary; fair and open hearing; reasonable period within which the case is heard and decided; availability of a recognised, organised and independent legal profession able to provide professional legal service; free-of-charge legal aid is provided where necessary; prosecution is an autonomous institution of the State; judicial decisions are effectively enforced and the principle of res judicata is respected. Access to justice cannot be equated with access to a court as an element of the right to a fair trial, guaranteed in Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Access to justice should be considered a positive obligation of the State and ensured by the State. Conclusions. Identifying the rule of law requirements relating to access to justice would need a further insight through analysis of the Rule of Law Checklist adopted in 2016 for the rule of law assessment in the European countries) and the ECHR case-law