THE FORMATION AND DEVELOPMENT OF THE RIGHT TO JUDICIAL PROTECTION IN UKRAINE: A HISTORICAL AND LEGAL ANALYSIS

Abstract

The article is devoted to the study and analysis of the formation of the constitutional right to judicial protection in the territory of the modern Ukrainian state from the first states to the present day. The purpose of the article is to establish the genesis of the emergence and development of the right to judicial protection and its development under the influence of various factors. In particular, it highlights the influence of various states and normative documents that laid the foundations for the modern understanding of judicial protection. Methods. The research included chronological, historical-legal, comparative and systematic analysis, which made it possible to trace the evolution of the institution of judicial protection from the first states on the territory of modern Ukraine. The method of generalisation allowed us to draw relevant conclusions based on the researched material.The characteristic features of ensuring and realising the right to judicial protection of violated rights in such historical periods as Kievan Rus, the Principality of Galicia-Volhynia, the Grand Duchy of Lithuania, the Polish-Lithuanian Commonwealth, the Austro-Hungarian and Russian Empires, as well as the USSR were studied. The study found that over the centuries, the right to judicial protection has transformed from the customary norms of Ruska Pravda to progressive codified acts, such as the Lithuanian Statutes, which introduced a professional bar and appeal mechanisms. Keywords: right to judicial protection, judicial protection, history of law, Kyivan Rus, Lithuanian Statutes, court, justice. Particular attention is paid to the influence of foreign legal systems (Polish, Austro-Hungarian, Russian), as well as significant changes in the Soviet and modern periods. Each period and territory had its own judicial system, which, depending on local legislation, gave citizens the opportunity to defend their violated rights in court. The conclusions show that the development of the right to judicial protection in Ukrainian lands was a complex, multi-vector process, where a combination of local traditions and borrowed institutions formed a unique legal culture. Prospects for further research lie in a more detailed analysis of the impact of specific legal acts and their reception in individual regions of Ukraine, taking into account contemporary challenges and international standards in the field of judicial protection of human rights.