ACCESSIBILITY ISSUES IN UKRAINIAN ADMINISTRATIVE JUDICIARY

Abstract

The problems of the possibility of realizing constitutional human and civil rights and freedoms in Ukraine have been re-echoed in the context of the National Strategy for Creating a Barrier-Free Space in Ukraine for the Period Until 2030, adopted in 2021. As of today, this Strategy is in effect as amended by the Resolution of the Cabinet of Ministers of Ukraine dated March 25, 2025 No. 294-р. As noted in the introduction to the Strategy, "in accordance with the Constitution of Ukraine, a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. At the same time, many citizens of Ukraine face a number of barriers in realizing their rights... The lack of a barrier-free environment not only creates problems for millions of citizens, but also leads to a general deterioration in the well-being of every person." According to the definition of the term “barrier-free” provided at the beginning of the Strategy (Section I “General Provisions”), the Government calls it “a general approach to the formation and implementation of state policy to ensure unhindered access of all population groups to various spheres of life”. Although in the current version, outlining the structure of the Strategy, the Government reduces the number of areas of its implementation to a certain minimum, and it is more difficult to talk about the possibilities of citizens overcoming “barriers in the exercise of their rights”: “The Strategy consists of two main levels – framework conditions for barrier-free access and barrier-free standards. The first level determines the accessibility of physical, informational and digital infrastructure for a person, participation in socio-political processes and opportunities for self-realization. The second level focuses on creating conditions for barrier-free access in the spheres of education and economic activity (employment and entrepreneurship)”. That is, in fact, from 2025 the government of Ukraine plans to “overcome barriers” only in the areas of education, employment and entrepreneurship. A comparative analysis of the two versions of the Strategy indicates an excessive narrowing of the government’s spheres of life to which unhindered access must be ensured. We are absolutely convinced that the meaning of the phrase “unhindered access of all population groups to various spheres of life” should also include unhindered access to justice. On the other hand, starting from December 15, 2022 and until today, the right of citizens – residents of the city of Kyiv and the Kyiv region – to access justice through administrative proceedings has been violated.