CHORNA S. Human rights function of the judiciary in the context of constitutional reform in modern Ukraine

The analysis of legal nature and essence of the judiciary, the main structural and functional principle of the organization of which is proposed to consider the principle of separation of state power. The judiciary determines the limits of discretion of other branches of government, is a restrictive factor in the activities of the legislature and the executive. The role of the judiciary in the mechanism of separation of powers is to deter other branches of government from violations of constitutional law, as well as to protect the rights and freedoms of man and citizen in the state. It is proposed to define the judiciary as an independent type of state power that has the exclusive competence to consider legally significant cases, resolve disputes and conflicts in society by administering justice administered by courts in the manner prescribed by applicable law to protect human rights, freedoms and legitimate interests. The function of protecting human rights and freedoms is exercised by the judiciary through the administration of justice. It is proved that the human rights function of the judiciary is an independent function performed in case of violation of human rights, freedoms and legitimate interests. The system of means of exercising the human rights function of the judiciary of the constitutional right to judicial protection can be considered both broadly and narrowly. In a broad sense, such means include: means of regulatory and legal support for the implementation of the constitutional right to judicial protection; means of control over the observance by all subjects participating in the exercise of the constitutional right to judicial protection of the provisions of normative legal acts in the specified sphere of implementation; means of control over the observance by the subjects, whose activity is aimed at the realization of the constitutional right to judicial protection, of the rules of their realization established by the state. A narrow understanding of the human rights function of the judiciary includes the following means of implementation: means of external organizational activities for the implementation of the constitutional right to judicial protection; means of internal organizational activity in the field of judicial system; responsibility as a means of ensuring the constitutional human right to judicial protection. The definition of judicial law as an independent branch of substantive public law in the national legal system is proposed, which is a set of legal norms that has its own subject of legal regulation, a special method of legal regulation, principles of legal regulation, and deserves its own codified source of law. The key areas of constitutional reform in the judiciary are the concretization and proceduralization of the human rights function of the judiciary, which contributes to the optimization of the human rights potential of the judiciary in Ukraine.