THE SYSTEM OF THE PRINCIPLES OF THE JUDICIARY
Journal Title: Право і суспільство - Year 2017, Vol 5, Issue 2
Abstract
The article presents the results of the theoretical and legal analysis of the system of principles of the judicial power. Among the indeterminate issues of the theoretical and legal concepts of the system of the principles of the judicial power, two main ones – the heterogeneity of understanding of the structure and content of the principles of the judicial power – are distinguished. In order to form a comprehensive understanding of the system of the principles of the judicial power of the modern democratic state, a politic approach to understanding is proposed, based on which the notion of judicial power as a heterogeneous phenomenon, created for the protection and regulation of the corresponding «natural-legal subject» (establishing justice (implementation of legal proceedings), preventive, educational functions, etc.) by the corresponding «positivist methods» (normative component of the activity of the judicial power). Such an approach will indirectly contribute to the idea of a consolidated «pyramid», the summit of which are the general principles of the functioning of the judicial power, reflecting its legal nature; the second level – the organizational principles of the judicial concerning the practical functioning of the judicial power, their interaction, as well as the basis of the activity of certain groups of judicial authorities (the judicial system or the system of courts); the third level – the principles relating to the functioning of courts and their judicial process in the administration of justice.
Authors and Affiliations
М. С. БУЛКАТ
Keywords
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