Baieva I. Organizational basis of justice: administrative and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number


Applicant for


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


Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"


The dissertation research on the basis of permanent changes that occur in the legal system of the state identifies the concept and features of internal organizational relations in the judicial system as an object of administrative and legal regulation. It is emphasized that the internal organizational relations on the organization of the judiciary should be understood as a range of management (administrative-legal) relations, which are regulated by administrative-substantive and administrative-procedural norms and aimed at streamlining linkages and relations in order to carry out the tasks assigned to the latter in the middle of the judicial branch. The internal organizational relations in the judicial system, which are the object of administrative and legal regulation, include the following: 1) relations concerning the selection of judges for administrative positions; 2) relations related to the prevention of corruption by judges; 3) relations related to information support for the functioning of the judiciary; 4) relations of material support and financing; 5) relations of interaction and cooperation; 6) protective legal relations. The peculiarities of internal organizational relations in the organization of the judiciary are outlined from the standpoint that the latter are the object of administrative and legal regulation, namely: 1) are public authorities, purposeful; 2) are by-law, executive and administrative nature; 3) the result of the latter is the emergence, change or termination of administrative and legal relations regarding personnel, information, material, financial support, interaction, as well as the implementation of protection; 4) regulated by norms of administrative-material and procedural nature ; 5) the purpose of the latter is to ensure the ability to judges, including with the help of the court staff to perform a function other than the legal nature, namely ‒ the administration of justice; 6) the form of implementation is mandatory administrative acts to perform; 7) the subjects of these relations are endowed with administrative legal personality, etc. The directions, principles and tasks of organizational bases of ensuring the functioning of the judiciary are revealed. The system and legal bases of organizational bases of judicial proceedings and the place of administrative legislation among them are characterized. The system of subjects involved in the organizational support of the functioning of the judiciary is formulated and a description of their administrative and legal status is given. The content and features of administrative and procedural activities for the establishment, reorganization and liquidation of courts are clarified. The specifics of personnel procedures for the election of judges to administrative positions are determined. The content of anti-corruption procedures for applying precautionary measures to judges is revealed. The administrative and legal criteria for assessing the effectiveness of the organization of justice are outlined. The main directions of improving the administrative and legal regulation of the organizational framework of the judiciary are formulated, taking into account the ongoing reform processes in this area.


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