Shcherbakov V. Administrative and Legal Principles of Judicial Self-Governance

The thesis studies theoretical and practical problems of administrative and legal principles of judicial self-governance. The paper reveals the essence, content and legal nature of self-governance in the system of internal administrative and legal relations in the judiciary. The tasks, principles and legal framework of judicial self-governance bodies’ activity are analysed. Delegated powers as the basis of self-governing judicial administration are studied. The forms and methods of judicial self-governance bodies’ activity, administrative procedures and guarantees of their activity are characterized. The foreign experience of the organization and functioning of independent self-governing judicial bodies and the possibility of its adaptation to the national legal system are described. The thesis determines promising areas of domestic legislation development related to improving the administrative and legal principles of judicial self-governance in Ukraine by improving the awareness of the legal nature and essence of judicial self-governance, based on its purpose, objectives and principles, the normative definition of the activities of judicial self-governance, organizational forms of the activity. It is proved that the domestic system of judicial self-governance requires reforming in accordance with the requirements of world and European legislation. It is proposed to create a new system, which will involve the Joint Meeting of Judges, the High Council of Justice with the status of a judicial self-governance body, the Congress of Judges of Ukraine.