HISTORICAL AND LEGAL ASPECTS OF THE FORMATION AND DEVELOPMENT OF THE PRINCIPLE OF ACCESS TO JUSTICE

Abstract

Theoretical and practical aspects of the formation and development of the principle of access to justice during different specific historical periods of the evolution of the state and law have been studied. Various vectors of influence of historical processes on the progressive development of the judiciary and the judicial system are analyzed. The place and role of public administration bodies and officials in the implementation of the function of justice in the countries of the Ancient World, in particular Ancient India, Ancient Egypt, Ancient Babylon, Ancient Greece are shown. It is emphasized that determining the best ways to exercise the right of access to justice, in our opinion, involves the use of appropriate theoretical and methodological principles, an important element of which is the study of historical and legal aspects of the formation and development of access to justice during different historical stage of the world and Ukrainian statehood, starting with the experience of justice in the ancient world. It is determined that in the world history of state and law there are three main stages of the principle of access to justice: I. The ancient stage during which the relative access of the population to justice in the absence of an autonomous judiciary was provided by a combination persons of public administration, including the absolute monarch (pharaoh, king, etc.). ІІ. A new stage (beginning in the 17th century), during which the judiciary gradually stood out from other elements of the public administration system as an independent, professionally staffed branch of government. III. The latest stage (from the 60’s of the XX century to the present), characterized by doctrinal development of the concept of access to justice, which later acquired the status of international law and the principle of national justice of the rule of law as a necessary component of the right to a fair trial.