Obstacles to Justice: A Socio-Legal Analysis of Inequality in Civil Courts and Their Impact on Social Integration in Ukraine

Abstract

Relevance. Modern civil justice performs not only the classic function of resolving private law disputes. It is increasingly becoming an instrument of social stabilization, strengthens trust in state institutions and helps to involve vulnerable groups of the population in legal protection. For Ukraine, this issue has become particularly acute due to war, internal displacement of people, loss of property, the growth of family, housing and labor conflicts, as well as due to the increased burden on the judicial system. In such conditions, formal procedural guarantees alone are often not enough to ensure real access to protection of rights. Therefore, there is a need to rethink civil justice in a new way, namely as a social institution. Purpose. The purpose of the study is to substantiate a model of civil justice that combines accessibility, inclusion, efficiency and public trust. This takes into account the needs of Ukraine and other transition countries. The object of the study is civil justice. It is considered as a form of implementation of judicial power and at the same time as a mechanism of social cohesion. Methods. The work uses several groups of methods. These are general scientific approaches, as well as special legal methods, in particular formal-legal, comparative-legal, systemic-structural and institutional. In addition, the method of secondary analysis of official statistical data was applied. Additionally, materials from international organizations were processed, and comparative practices of Organisation for Economic Co-operation and Development countries were studied. The author’s approach to assessing access to justice was also used. Results. The study found that civil justice performs broader functions than simply adjudicating cases. It reduces social conflict, provides legal certainty, and influences whether the public perceives the state as legitimate. The main barriers that prevent people from accessing justice were identified. These include the high cost of going to court, procedural complexity, regional disparities, digital inequality, delays in enforcing decisions, and insufficient legal literacy among the population. A generalization of international experience has confirmed that the most effective are people-centered justice models. Online platforms for small claims, mediation, simplified procedures and local legal support centers have proven themselves well. The authors propose the Integrated Civil Justice Accessibility Index, the Community-Based model Civil Justice Centres, a system of socio-legal education, as well as a roadmap for reforms for Ukraine for 2026–2030. Conclusions. Modernization of civil justice should take place not as a simple update of the procedural mechanism, but as a transformation of justice into a socially oriented institution. For Ukraine, sustainable reform requires a combination of several components. These are procedural efficiency, digital accessibility, inclusion, legal education of the population and constant monitoring of the so-called “justice gap”. Such an approach will contribute to post-war reconstruction, strengthening democratic resilience and increasing public trust in the judiciary.