Shum M. Administrative and legal principles for the organization of the activity of court officials

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U100717

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

04-06-2020

Specialized Academic Board

К 26.503.01

Research Institute of Public Law

Essay

This Thesis is a complex scientific research of administrative and legal bases for the organization of the activity of court officials. The analysis of the categorical and conceptual series of “administrative activity”, “administrative activity of court officials”, “internal organizational direction of ensuring the activity of judicial authorities” has been carried out. It has been emphasized that administrative activities related to the organizational support of the judiciary can be realized both directly (by the Head of the court, court officials) and indirectly (by the Congress of Judges of Ukraine). It has been noted that internal management activities include: personnel issues, internal regulations and reception of citizens. The external management aspect includes interaction with other subjects of the organizational support for the judiciary. The common vision for the system of subjects of organizational support for the judiciary in a broad sense has been formulated. The classification of the elements of the administrative and legal status of court officials has been improved. The description of such categories as forms and methods of activity of court officials with regard to the organizational support of judicial proceedings has been provided. The systematization of forms and methods of activity of court officials in relation to the organizational support of the judiciary has been performed. The classification of administrative procedures implemented by court officials, the introduction of which is a mean of protecting the rights and interests of the parties to public relations in the area of justice, has been made. The ways to eliminate the gaps and to improve the legislation that provides administrative and legal regulation of the court staff have been proposed: 1) to consolidate the legal status of court officials; 2) to consolidate the administrative and legal status of court officials; 3) to consolidate the structure of the court staff; 4) to determine the qualification requirements to be met by candidates for posts of court officials; 5) to settle the issue of subjecting of the assistant judge, the conditions of their selection and dismissal; 6) to settle the issue of subordination of the masters of courts; 7) to regulate the issues of approval of the structure and the authorized number of court officials; 8) to settle the competitions regulations for posts of the court officials with the status of civil servants.

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