Gladiy S. The legitimacy of department judicial.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U002690

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

25-05-2015

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The contents and results of dissertation research formulate conceptual positions of legitimacy of department judicial. The concept of legitimacy of department judicial, its sign and functions certain basic rich in content elements in-process is set forth and their maintenance are analyzed. An author comes to the conclusion, that legitimacy is the result of certain consensus : from one side, society and state acknowledge the competence of department judicial to settle legal conflicts and take away to the duty for implementation court decisions, and from the second - a department judicial guarantees terms for the legal method of defense of right. The process of acquisition of legitimacy of department judicial, by the key elements of that certainly subject, object, facilities, methods, resources and performers that in the unity characterize the certain model of legitimacy of department judicial is investigational. The basic illegitimacy factors of modern department judicial are in-process adopted in Ukraine, to that a corruption in the system of judicial government bodies and imperfection of mechanisms of social control are attributed in the field of its organization and functioning. Suggestions are formulated from the increase of legitimacy of department judicial in Ukraine, in particular by the input of anticorruption standards in its organization and functioning, and also improvement of mechanisms of social control after court decisions and professional quality of judge shots.

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