Constitutionally-legal mechanism of judicial power of Ukraine independ-ence supporting
In the article in a consistent level researching the story behind, the process of global public perception valuable meaning of judicial independent idea, as well as stages of implementation of its idea in the function of direct Constitutional principle into organization and functioning the state mec...
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| Format: | Article |
| Language: | English |
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Yaroslav Mudryi National Law University
2018-06-01
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| Series: | Проблеми Законності |
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| Online Access: | http://plaw.nlu.edu.ua/article/view/132778 |
| Summary: | In the article in a consistent level researching the story behind, the process of global public perception valuable meaning of judicial independent idea, as well as stages of implementation of its idea in the function of direct Constitutional principle into organization and functioning the state mechanism of every modern democracy and legal-state. Pointed that realization of its important politico-legal idea in the society’s and the state’s real life is supported the proper constitutionally legal mechanism. Such mechanism usually means the integral system of statutory and regulatory as well as managerially institutional forms and recourses, which in aggregate provide social authority of judiciary, impartial justice in the form of fair and legally judgments, and indisputable and timely execution of it by all parties of public relationships free of its legal status and social status.
In the article there is integrated analysis of legal framework and the system of the state and non-state institutions partial constitutionally legal mechanism of judiciary independence supporting as well as problem spheres of it’s functionality on the modern stage of state-legal development of Ukraine. The conclusion is made that existence of statutory-regulatory regulation and institutional system totally are sufficient qualitative for the reaching the desired aim – the providing the real independence and high public authority of judiciary. The main issues were analyzed which preventing for real judiciary independence, for the main important of them are placed: the practice of unjustice adjudgment because of corruption factors; not enough high level of politico-legal culture of the judiciary establishment part; aspiration of representatives of other state authorities and certain political forces to influence for administration of justice; popularity of non-executions practice for judgments which came into legal force. |
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| ISSN: | 2224-9281 2414-990X |