Ovcharenko V. State mechanism of judicial system’s invariant functioning maintenance

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U003912

Applicant for

Specialization

  • 25.00.02 - Механізми державного управління

20-05-2008

Specialized Academic Board

Д 11.107.01

Donetsk State University of Management

Essay

A research object is processes of government control of functioning of the judicial system. A research purpose is development of state mechanism of providing of the invariant functioning of the judicial system. Research methods - analysis; direct engineering; system design; methods of theory of management and theory of state administration; analytical methods of sociology and psychology. The practical value of the got results is had state mechanism of providing of the invariant functioning of the judicial system and recommendation on his introduction, hierarchies presented at three levels. The scientific novelty of the got results consists in that first from point of system-synergetic paradigm the process of the invariant functioning of the judicial system is considered and his substantive provisions are grounded on the basis of found out conformities to the law of the invariant functioning of the difficult open systems; the state mechanism of the invariant functioning of the judicial system is developed at three levels of hierarchy: as branches of State power, at the level of court as organization, at the level of judge as base element of the judicial system and transmitter of department judicial, and also in co-operating with society as external environment. Formulation of conformities to the law invariant, including - steady functioning of the open systems, on the whole, and frames of society, in particular; order of distributing of imperious plenary powers between the branches of State power in Ukraine by providing of independence of department judicial and grant to her impedance plenary powers with a legislature on the row of questions, touching an observance right freedoms of citizens; process of management a court as by organization, providing services: on the basis of management efficiency of its functioning and quality of services which are given; and also taking into account principles and positions of democratic management improved. Directions of perfection are works of judges, foreseeing control of efficiency of their functioning and bringing in of judges to becoming the legal state; approaches to reformation of the judicial system of Ukraine as recommendations to the legislation, namely laws of Ukraine „About judicial system”, „About status of judges” were got further development.

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