THE INFLUENCE OF FACTORS OF JUDICIARY SYSTEM CREDIBILITY AND LEGAL NIHILISM MANIFESTATIONS ON THE ACCESS TO JUSTICE
- Authors: Starodubova L.V.1, Ingannamorte L.A.1
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Affiliations:
- Togliatti State University
- Issue: No 3 (2020)
- Pages: 43-48
- Section: Articles
- URL: https://vektornaukipravo.ru/jour/article/view/64
- ID: 64
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Abstract
The issues of theory and practice concerning the legal nature, essence, and meaning of the concept of access to justice are the most urgent in the modern legal science. The paper deals with the study of the influence of the subjective factors accruing from people who are concerned with the justice mechanisms (judiciary system credibility and the ideas of legal nihilism) on the enforcement of their right for the judicial defense, as well as the efficacy of the concept of access to justice in the whole. The authors consider the causes of the appearance of mentioned factors, the degree, and forms of their influence, as well as possible ways of elimination of the adverse effect of such influence. To improve the quality and elaboration of the research topic, the authors studied the issues of theory revealing the content of the concept of access to justice and the place of this idea in the legal science and practice. According to the results of the study, the authors conclude on the necessity to take into account the subjective factors when identifying the vector of development of the procedural legislation and judicial system in the whole due to their great impact on the access to justice for citizens and organizations as such factors cause the existence of mental, subjective barriers for the use of the judicial defense mechanisms. Among other issues, the authors offer to enshrine the concept of access to justice in the procedural legislation as a separate and independent legal principle, as well as to take it into account when elaborating federal programs and roadmaps on the development of institutional and procedural components of justice. The paper contains the proposal to develop some educational measures to eliminate the manifestations of legal nihilism in Russian society.
About the authors
L. V. Starodubova
Togliatti State University
Author for correspondence.
Email: starodubova72@bk.ru
senior lecturer of Chair “Civil Law and Procedure”
Russian FederationL. A. Ingannamorte
Togliatti State University
Email: ingannamorte.leonardo@gmail.com
postgraduate student
Russian Federation