The genesis of the understanding of the right to apply to the court (the right to suit) in civil proceedings

The right to apply to the court for judicial protection occupies an important place among other rights that ensure the protection of a violated or challenged right or an interest protected by law. At the same time, at various stages of the historical development of society, the prerequisites for the modern understanding of the ’’right to go to court’’ (’’the right to sue’’) were formed. However, there is no unity of opinion regarding many aspects of the problem of the right to appeal to the court for judicial protection in a specific civil case. The conducted research made it possible to conclude that the main research vector ofthe concept of ’’right to appeal to court’’ (’’right to sue’’) was formed by lawyers in Ancient Rome. It was during that period of time that the main approaches to the prerequisites for the realization of this right were formed, which will influence further research into the components of the legal nature of this right — material-legal and procedural-legal.For modern civil procedural doctrine, the common understanding of the ’’right to appeal to court’’ (’’the right to sue’’) is a single civil and civil procedural concept that has a material content and a procedural form aimed at resolving the entire spectrum of conflicts, the basis of which is a dispute about the law, or there is another problem in the application of the law.As a result of the study of different approaches to the understanding of the ’’right to apply to court’’ (’’the right to sue’’), it was concluded that the right to sue in the procedural sense includes all powers of the subject of civil procedural law related to the filing a lawsuit, conducting the process at all stages of its development, maintaining the judicial review of the lawsuit by all the procedural means provided for by the Civil Code of Ukraine. Therefore, the right to file a lawsuit is a constituent part of the right to sue in the procedural sense, aimed at protecting disputed legal relations. At the same time, the right to enforce a court decision does not belong to the right to a lawsuit, but is the goal to which the applicant of the lawsuit seeks.