Kotskulych V. Formation of judge's professional justice and judge's discretion: organizational and praxeological aspects

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U000349

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

30-01-2019

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

Preparation of the dissertation was carried out at the State Higher Educational Institution "Uzhgorod National University". The defense of the dissertation will be held at Taras Shevchenko National University of Kyiv. The dissertation analyzes the organizational and praxeological aspects of the formation of professional justice of judge and judge’s discretion. The object of the dissertation research is the complex of social relations, as well as problems of theoretical and applied nature, connected with the formation of the professional legal consciousness of the judge and the judge's discretion. The main purpose of the dissertation work is to carry out a complex analysis of theoretical and practical problems of formation of the judge's professional legal consciousness and the exercise of judge's discretion within the discretionary powers of the court. To achieve the goal, the author used the system-structural, comparative-legal, formal-logical (dogmatic), sociological, statistical methods of scientific knowledge, as well as the method of typology and legal modeling. The paper identifies the scientific novelty of the results obtained during the study, which consists in the fact that the dissertation is the first in the national science of complex research of legal consciousness of a judge and a judge's discretion, in which the essence of judge's professional justice is revealed at a new scientific level, conceptual principles are determined and grounded. the exercise of judicial discretion as part of the discretion of the court, as well as prospects for raising the level of justice and professionalism of judges in the context of general ethical standards ing their legal behavior.

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