Polianskyi A. The implementation of judicial functions in the present constitutional development conditions of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102138

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

27-11-2020

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

In the thesis for the degree of Doctor of Legal sciences, the problem of implementation of judicial functions in the present constitutional development conditions of Ukraine has been investigated, and its theoretical and practical foundations were defined. The nature of justice as a legal category and as a phenomenon of legal validity in accordance with the unification of natural law and legal positivism. The nature of the constitutional principle of judicial independence was defined and the guarantees of independent administration of justice were substantiated. The guarantee and the public provision of constitutional principles of functioning of the judiciary is one of the indicators of the effectiveness of institution for protecting the rights, freedoms and interests of citizens. The principle of judicial independence is a fundamental component of individual's right to a fair and impartial hearing; a main condition for ensuring the rule of law. The state of justice in modern-day Ukraine and its future development prospects during the implementation of constitutional reform in the area of justice were characterized. The emphasis was places on the main problems of the administration of justice in the context of building the democratic system of government. The main ways to enhance the quality and efficacy of justice in order to ensure practical implementation of the principles of justice, objectivity, accessibility, impartiality of justice were substantiated.

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