Andrushchenko O. Conflict of interest in justice: philosophical and legal study

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U101717

Applicant for

Specialization

  • 12.00.12 - Філософія права

15-10-2020

Specialized Academic Board

К 70.895.02

Khmelnytsky university of management and law Leonid Yuzkov

Essay

The thesis contains a number of philosophical and legal statements as to the nature and functioning of conflict of interest in justice as a type of social conflicts. It is proved that the scientific intent of the conflict of interests in justice was established only in the twentieth century. The importance of studying the conflict of interests in justice is predetermined by comprehension of global social changes experienced by the Ukrainian society today, mainly the issues of fair administration of justice. Special attention in the thesis is given to the features of modern social and cultural situation in terms of the specifics of legal phenomena. The defining features of the modern legal space are clarity, publicity and transparency of the main legal institutions, with regard to justice as well. According to the author, the most effective tools for preventing further conflicts of interest in justice is a system of preventive measures, the use of which shows serious changes, primarily in the worldview sphere. These measures include: training, consultations, development of instructions and training of public service personnel. This approach allows us to focus not on monitoring and prosecuting for offences in accordance with criminal law, but on establishing and complying with definite standards of conduct, as well as to clearly regulate such areas related to the activities of public officials, such as receiving gifts, part-time work, employment after dismissal, the use of private information, political activities, and so on. Key words: law, court, judiciaay, justice, social conflict, legal conflict, conflict of interests in justice, current legislation

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