The right of access to administrative court and peculiarities of its implementation by persons in pre-trial detention

The article provides an in-depth analysis of the right to access to administrative authorities and the peculiarities of its exercise by persons held in pre-trial detention facilities. The author focuses on the fact that the ‘classical’ purpose of pre-trial detention facilities is to hold suspects, accused persons, defendants and convicts whose sentence has not entered into force. At the same time, it is noted that it is not absolutely impossible that decisions, actions or omissions of a public authority (not within the framework of criminal procedure or criminal executive processes) may violate the rights, freedoms or legitimate interests of a person in respect of whom detention was chosen as a preventive measure by a reasoned decision of the court that considered the criminal case and who is therefore held in a pre-trial detention facility. The author emphasises that restrictions on the right of access to court may take place, but they must: a) be provided for by law; b) have a legitimate purpose; c) be proportionate. The article focuses on the right of a person in pre-trial detention to participate in person in a court hearing where an administrative case in which he/she is a party is being considered. The author notes that the right to participate in a court hearing within the framework of administrative proceedings is not absolute. Its exercise may depend on whether there are other factors/circumstances determined by law which are more significant in the social dimension and may in fact restrict the right of such a person to participate in an administrative case in person. As a modern and objective way out of such a situation, when a person held in a pre-trial detention facility is willing but unable to participate in person in an administrative court hearing, videoconferencing may be considered

right of access to administrative court; right to trial; places of pre-trial detention; SIZO; right to be heard; right to be heard, videoconference