Право на захист: особливості національного досвіду

The problem of ensuring the right to protection has always been one of the key ones in the legal systems of any society. The implementation of the constitutional provisions established by Article 1 of the Constitution of Ukraine, that Ukraine is a sovereign and independent, democratic, social, legal state is not possible without the development of law, its improvement and the establishment of effective mechanisms for its protection and, accordingly, the implementation of the right to protection. This right is fundamental in a democratic state, because it is precisely on the ability of a person to defend his rights and interests that the effectiveness of the legal system and the level of trust in it depend. Among the general theoretical approaches to overcoming legal nihilism, as one of the manifestations of contempt for the law, the need to transform the legal system, increase the level of legal culture should be highlighted, in the context of which a comprehensive study of the essence of such a phenomenon as the right to protection receives special attention. In the current conditions of the development of international law and the development of the legal system of Ukraine, one of the key categories is the right to defense, which is inextricably linked to fundamental human rights and freedoms. Ensuring the right to defense is a component of the rule of law and fair justice, which involves the effective functioning of both national legal mechanisms and the possibility of appealing to international institutions for additional protection of the rights and freedoms of citizens. Despite significant steps taken to implement international standards in domestic legislation, a study of the practical implementation of the right to defense in Ukraine reveals a number of problems related to the unification of legal norms, due organizational process, as well as compliance with procedural guarantees. In historical retrospect, in national legal thought, the “right to defense” has long been identified mainly with the activities of the legal profession within the framework of criminal proceedings. However, in modern jurisprudence, this concept has acquired a more expanded understanding, encompassing both civil and administrative processes, and mechanisms for alternative dispute resolution. This article is devoted to the study of domestic experience and the evolution of the understanding of the right to protection in national legal thought. The current legislation of Ukraine and scientific research on the provision and protection of human rights are analyzed, and possible further steps for reforming this area are formulated.