Court costs as an element of the mechanism of ensuring access to justice

Abstract

The right of access to justice is considered as an international standard for judicial protection of rights, along with the ways in which court costs can be used for regulatory purposes. The article explores the role of court costs as a critical element in the mechanism for ensuring access to justice, a fundamental principle of democratic societies. Access to justice is a cornerstone of the rule of law, guaranteeing individuals the ability to protect their rights and interests through legal mechanisms. However, court costs, including filing fees, procedural expenses, and other associated charges, often create barriers that limit equal access to the judicial system, particularly for economically disadvantaged individuals.

Authors highlight the multifaceted nature of court costs, emphasizing their dual role: on the one hand, they are essential for maintaining the financial sustainability of judicial systems; on the other, they can impede individuals' ability to seek justice.

Special attention is given to mechanisms for mitigating the negative impact of court costs, such as exemptions, reductions, and state-funded legal aid. The study also addresses the procedural abuses that can increase court costs unnecessarily, such as the submission of frivolous claims or motions by parties to delay proceedings.

The article proposes practical recommendations for optimizing the system of court costs, ensuring their transparency and fairness while balancing the financial needs of the judicial system with the principle of access to justice. These recommendations include improving legislative frameworks, introducing clear criteria for cost exemptions, and enhancing public awareness about available financial support mechanisms.