ORGANIZATIONAL AND LEGAL MECHANISM OF THE JUDICIAL IMMUNITY PRINCIPLE REALIZATION IN UKRAINE
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2015, Vol 20, Issue 2
Abstract
On the modern stage of development of the democratic state it is extraordinarily actual to make a research on the topic of the judicial immunity principle realization in Ukraine. This aspect is conditioned by the circumstance, that judicial immunity is largely peculiar to the modern democratic state and extremely needed to consider the state as rule-of- law state. The modern state of judicial immunity visualizes, that the existent legal adjusting can not be perceived in quality of such that fastens the exhaustive list of guarantees of inviolability. This aspect is an initial pre-condition of possible perfection of judicial immunity. Selected by Ukraine Eurointegration directions of development ground to expect that the legal adjusting of judicial immunity will come true in accordance with existent international standards. It is obvious, that the institute of judge’s immunity needs modernization in the process of further democratic development of Ukraine. The structural elements of organizational-legal mechanism of this principle realization were described in the article. Legal provisions of some of the Ukrainian law sources, that regulate the principle of judicial immunity, were analyzed. In the article it is described that today realization of principle of judicial immunity is not provided on all of the territory of Ukraine (which is explained by adifficult political situation in the country and invasion of foreign army into the country). On the occupied territories it is impossible to control the observance of this principle, in connection with the untestability of these territories by guidance of the state. Separate attention in the article is paid to the bill “On Making Alteration in Constitution of Ukraine” in regard of the judicial immunity principle reformation.
Authors and Affiliations
D. V. Kolesnyk
Keywords
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