NORMATIVE RESTRICTION OF THE RIGHT TO LEGAL PROTECTION IN THE CIVIL PROCEDURE

d-r Gordana Stankoviћ Full professor /Универзитет у Нишу, Република Србија

Abstract: The right to legal protection, as autonomous public subjective right, represents a key instrument for realization of the system of proclaimed civil subjective rights with the intervention of the state because it enables an access to the court, realization of the secondary efficiency of the legal system, ruling of the law, legal stability and legal security. Although this functional human right is explicitely recognized and guaranteed by both national and international legal acts as one of basic human rights, it is sometimes excluded or restricted out of different reasons. Certain regulations exclude the possibility of offering legal protection in legal proceedings, although it is a general, basic and regular way of legal protection of the violated, endangered and disputed civil subjective rights, and it is planned for this method of civil-legal protection not to be used, or offering legal protection is restricted by regulating certain procedure conditions and restriction regarding performing certain process rights. Normative restriction of the right to legal protection however does not affect only the right to legal protection as such, but also some certain elements of its, so eventually the promised legal protection is either of restricted frame or non-efficient.

Key words: the right to legal protection, legal proceedings