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If you want to sue

«Panorama Shymkenta», №16(1041) 30.04.2010

Access to justice is understood as the problem of material character, related to the high cost of justice to the poor, and also with the observance of terms of judicial proceeding. We think that access to justice is a multifaceted problem.

Nowadays the concept of “Right to access to justice” in the law has not received its distribution. This right is not enshrined in the Constitution of Kazakhstan and Civil Procedure Code or Criminal Procedure Code. Moreover the text of international treaties also does not contain the definition about the right to access to justice. Nevertheless, the existence of such rights and opportunities of its national and international protection allows us to speak the international jurisprudence, which considers the right to access to justice special and essential aspect to the right to judicial protection.

Besides the violation of civil rights in judicial system allows saying that in many cases the right to access to justice are often violated – not all citizens and not under any circumstances have the real opportunity to protect their rights in court, and have the opportunity of turning to the court. 

Why does the question about the problems of access to justice appear and how can be limited this right, it seems if you want to sue – contend thou? . . .  

Restriction may be specifically provided by law or on the contrary it is the consequence of the problem, non-settlement of the question and established negative enforcement practices.

There are narrow corridors, high stairs and lack of the ramps in the court buildings – that is why we never see people with disabilities in the court; it is not because they do not have legal problems.

Pensioners rarely win trials for housing disputes and claims of improper calculation of pensions. This is the most difficult type of case, it needs the help of of a qualified lawyer, and pensioner cannot afford it, as before the file a claim as in judicial process.  However, the pensioner cannot afford the qualified layer, and the system of providing free or at least affordable legal assistance on civil cases is absent as legally as practically.

As to the legal assistance on criminal cases, the right to have a free lawyer is really enshrined in the criminal law. But we all know that such a free lawyer will work not so straining, getting acquainted with the case before entering to the courtroom. It is possible to abandon but it is impossible to apply to the government for another free qualified and credible lawyer.

We can recall a number of problems that exist in the field of access to justice with which we face very often, they are: the cost of expertise which is given responsibility for its payment to a person who is obviously does not have an opportunity to pay for it; impossibility to appeal some certain rulings of the judge is enshrined by the procedural legislation, accounting periods in the chanceries courts,   when the citizen’s application is not accepted, and in the case of missing of the term on this ground, there is no guarantee that it will be recovered.

Practice shows that the national means for the effective protection of the right to access to justice turns out not enough.

The right to access to justice means that everyone should have access to justice to the independent and impartial court which will conduct the proceeding honestly and fairly, if   his rights, freedom and also the safety of his property are violated.

It is necessary to remember that HUMAN RIGHTS must be respected always and everywhere! If you or your relatives, friends are faced with such situation, you can always turn on the “Hotline” phone: +7 (7252) 50-07-85, 56-47-54. If your rights to access to justice were violated, NGO “Sana Sezim” will provide you, free confidential legal, psychological and social assistance.