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National project "I have a right!"

IMPLEMENTATION OF THE RIGHT TO PROTECTION IN THE LEGAL ORDER

"I MAKE RIGHT ..." - was captured in the minds of each of us.

"Our rights will necessarily be protected and renewed in case of violation of them", we are convinced.

"I defend my rights and legitimate interests" - thinks an ordinary citizen.

However, where to run, to whom to contact and where to start? It's great if we can protect our rights and interests out of court, using our "oratorical" abilities and the minimum level of knowledge of the law. However, sometimes such an action does not give the desired result or is impossible at all. Therefore, we offer a small instruction on the protection of rights in court.

One of the most important guarantees of the protection of the rights and freedoms of an individual is the consolidation of the right to judicial protection directly in the Basic Law of Ukraine. According to Art. 55 of the Constitution of Ukraine, the rights and freedoms of a person and a citizen are protected by a court. That is, the court can not deny justice if a citizen of Ukraine, a foreigner or a stateless person believes that their rights and freedoms are violated, created obstacles to their implementation or other violations of rights and freedoms. The refusal of the court to accept the lawsuits and other complaints filed in accordance with the requirements of the law is a violation of the right to judicial protection, which, in accordance with Article 64 of the Constitution of Ukraine, can not be restricted.

According to Article 17 of the Law of Ukraine "On the Judiciary and the Status of Judges", the system of judicial system of Ukraine consists of local courts, appellate courts and the Supreme Court.

In order to examine certain categories of cases, in accordance with this Law, higher specialized courts operate in the court system.

If a person has passed all court instances in Ukraine, however, he considers (and for this there are legitimate reasons) that his rights have all remained unsecured or violated, a person may apply to the European Court of Human Rights.

Courts specialize in civil, criminal, economic, administrative cases. For example, if the dispute arose from civil or residential, land, family, labor relations - then you should go to the local court.

Every person has the right to apply to an administrative court if he considers that his rights, freedoms or interests have been violated by a decision, action or inaction of the subject of authority. That is, an administrative dispute is a public-legal dispute in which at least one party is an executive body, a local self-government body, their official or official or another entity exercising power-based administrative functions on the basis of legislation, including for carrying out delegated powers.

If, in the process of realization by a person of economic activity, at the time of conclusion, change, termination and performance of economic contracts, including in relation to the privatization of property, or on other grounds, there was a commercial dispute - should apply to the commercial court.

If a person believes that the law of Ukraine (its separate provisions) is in conflict with the Constitution of Ukraine, it may apply to the Constitutional Court of Ukraine with an appropriate constitutional complaint.

The procedure for applying to the judicial authorities is determined by: the Civil Procedural Code of Ukraine, the Criminal Procedure Code of Ukraine, the Code of Administrative Proceedings of Ukraine, the Commercial Procedural Code of Ukraine, the Law of Ukraine "On the Constitutional Court of Ukraine".

It is a pity that in Ukraine a significant number of violated rights are not restored due to the lack of awareness among citizens of what they need to do. But in fact everything is not as difficult as it seems. It is only necessary to find out what court to apply to and apply for a legal action against it. Next is the stage of the trial, which will resolve the essence of the dispute. The outcome of the case depends largely on the correctness of the statement of claim and the evidence submitted for its confirmation. Therefore, it is at the writing of a statement of claim should pay special attention when appealing to the court.

It is worth once again to draw attention to the fact that from June 30, 2016 the amendments to the Constitution of Ukraine entered into force. The main objective of these changes is to improve the constitutional foundations of justice for the practical implementation of the rule of law principle and to ensure everyone's right to a fair trial by an independent and impartial tribunal. These changes have had a particular impact on the institution of representation of the person and government bodies. According to paragraph 11 p. 16-1 of the Transitional Provisions of the Constitution of Ukraine, from the day the Law of Ukraine "On Amendments to the Constitution of Ukraine (on Justice) enters into force": representation in accordance with clause 3 of part one of article 131-1 and article 131-2 this Constitution exclusively by prosecutors or lawyers in the Supreme Court and courts of cassation is carried out from January 1, 2017; in courts of appellate instance - from January 1, 2018; in courts of first instance - from January 1, 2019. Similar changes were made to the procedural legislation of Ukraine.

Consequently, in most cases, for the representation of interests in the courts of Ukraine from January 1, 2019, you should use the services of a lawyer. According to Art. 59 of the Constitution of Ukraine everyone has the right to a professional legal assistance. In cases provided for by law, this assistance is provided free of charge. Everyone is free in choosing a defender of his rights.

Consequently, for drawing up a statement of claim, participation in the trial should use the services of a system of free legal aid or services of a private lawyer. The right to free legal aid - the guaranteed by the Constitution of Ukraine the opportunity of a citizen of Ukraine, a foreigner or stateless person, including a refugee or a person who needs additional protection, to receive in full free primary legal aid, as well as the possibility for a certain category of persons to receive a free secondary legal Assistance in cases stipulated by the Law of Ukraine "On Free Legal Aid". According to Art. 7 of this Law, free primary legal aid includes such types of legal services as providing legal information, providing advice and clarification on legal issues, making statements, complaints and other documents of a legal nature (except documents of a procedural nature, providing assistance in ensuring access of a person to the secondary legal aid and mediation).

In turn, free secondary legal aid is a form of state guarantee, which is to create equal opportunities for access to justice. It includes the following types of legal services: protection, representation of the interests of persons entitled to free secondary legal aid, in courts, other state bodies, bodies of local self-government, in front of other persons, drawing up documents of a procedural nature.

Finally, it should be emphasized that effective organization of judicial activity is not only a necessary condition for the existence of a democratic state under the rule of law, but also a guarantee of its progress.

Judicial protection is subject to all rights and freedoms without exception. Appealing to court is not as difficult and hopeless as it sometimes seems. And in many cases, this can be done by our own efforts. Yet, if it is a complicated matter and it is not easy to understand it in the end, you should seek help from a lawyer. After consultation, the person will know for sure whether it is worth litigation, whether there are other options for solving the problem.

The article was prepared by:

Chief Specialist of the Department for the Representation of the State in the Courts of Ukraine, Office of Judicial Work and International Cooperation of the Main Territorial Department of Justice in Kyiv, Ph.D.

Krivovjaz O.V.

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