Issue № 5(17)
Guyvan P. D. Temporary determination of the national legal system
Guyvan P. D. Temporary determination of the national legal system
The paper offers a scientific assessment of objective and subjective factors affecting the timeliness of legal proceedings. The elements ensuring the temporal stability of the human right to judicial protection are analyzed. The individual components of the concept of «reasonable time» of the process, including its interpretation by the European Court of Human Rights, were examined. Examples are given of the ambiguity and inconsistency of the current procedural legislation, which contributes to an unjustified delay in the consideration of cases and even to the illegal denial of access to court. Appropriate proposals have been made to amend the legislation in this area.
Key words: reasonable term, certainty of law, right to court.