ACCESS TO JUSTICE AS A COMPONENT OF THE RULE OF LAW: UKRAINE, GGREAT BRITAIN, THE UNITED STATES

Abstract

The article is devoted to a comparative theoretical analysis of human rights, the rule of law, and access to justice in Ukraine, the United Kingdom, and the United States. It examines the contemporary conceptual foundations of these concepts in scientific doctrine, including the ideas of A. Dicey, L. Fuller, who define the rule of law as a system that ensures the subordination of the state to the law, legal certainty, and the protection of individual rights. Human rights are considered as the axiological core of the rule of law, and access to justice as the institutional and procedural mechanism for implementing this principle. The implementation of these principles in different legal systems is analyzed separately. In Ukraine, it is noted that the constitutional consolidation of rights and freedoms is combined with systemic challenges: institutional instability of the judiciary, excessive length of court proceedings, problems with the enforcement of decisions, and limited access to legal aid. In the UK, the focus is on the formal stability of the judicial system, the influence of ECHR practice on standards of access to justice, and problems related to financial and procedural barriers. In the US, the constitutional-judicial model is analyzed, where strong judicial control is combined with unequal social access to justice. Particular attention is paid to the practice of the ECHR regarding Ukraine, which demonstrates systemic problems of access to court, excessive length of proceedings, and non-enforcement of decisions. Key cases are examined: Ivanov v. Ukraine, Burmych and Others v. Ukraine, Volkov v. Ukraine, Merit v. Ukraine, Zubko and Others v. Ukraine, which emphasize the need for institutional reforms and effective judicial protection. In addition, pan-European decisions (Golder v. UK, Bellet v. France, Kudła v. Poland, Burdov v. Russia) are analyzed as a theoretical basis for the formation of standards. Based on a comparative analysis, a conclusion is made about the universal nature of human rights, the rule of law, and access to justice, as well as about the differences in the mechanisms for their implementation depending on the historical, socio-economic, and institutional characteristics of legal systems. The chapter lays the groundwork for further research on the effectiveness of implementing European standards in national legal systems and developing proposals for improving access to justice in Ukraine.