GORINOV P. Administrative and legal regulation of the implementation of procedures for ensuring the independence of judges

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U101227

Applicant for

Specialization

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

21-04-2021

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The dissertation research is aimed to formulating the theoretical basis for the administrative and legal regulation of the implementation of procedures for ensuring the independence of judges, formulating ways to improve it taking into account: the provisions of national legal doctrine regarding the content of the independence of judges, the nature and features of relevant public institutions, administrative procedures of law enforcement; the current law enforcement practices in this area; the experience of defining appropriate safeguards and procedures abroad. The essence and systematization of guarantees for the independence of judges have been disclosed, taking into account the legal positions of the European Court of Human Rights. The concept and the features of the administrative procedure of law enforcement activity concerning realization of guarantees of independence of judges are formulated. The principles of law enforcement activity on the implementation of guarantees of independence of judges on the basis of due administrative procedure are defined. Types of administrative procedures of law enforcement activity concerning realization of guarantees of independence of judges are determined. The subjects of administrative and legal regulation of the implementation of administrative procedures for ensuring the independence of the court and judges are organized according to the criterion of the sphere of their regulatory influence. The system of international standards of legal regulation of judges’ independence guarantees and administrative procedures of law enforcement activity concerning the implementation of guarantees are described. Topical issues of implementation of international standards of legal regulation of judges’ independence guarantees and administrative procedures of law enforcement activity concerning implementation of guarantees in Ukraine are identified.

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