Mandzyk P. Administrative and Legal Principles of Justice Development Considering the Best International Standards and Practices

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0423U100058

Applicant for

Specialization

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

08-04-2023

Specialized Academic Board

Д 26.503.01

Private institution "Research Institute of Public Law"

Essay

The thesis, based on a comprehensive study of the administrative and legal foundations of the development of the justice system, taking into account the best international standards and practices, on the basis of a theoretical and comparative analysis, reveals the essence and functions of the national justice system. At the administrative and legal level, the principles of the construction of the justice system in Ukraine were investigated with the justification of the existence of three subsystems (institutional, functional, organizational). The essence of ensuring the right to a fair trial as a state guarantee of public consideration of administrative proceedings in Ukraine is revealed, with the definition of the elements that form the basis of its characteristics: organizational-structural, subject-institutional, procedural-procedural, functional-resultative. The administrative and legal status of judicial institutions in the leading countries of the world was analyzed, their organizational and legal structure, scope of powers was revealed. The administrative-legal status of judicial institutions is recognized as the position of judicial authorities regulated by administrative-legal norms, which are determined by the target, structural and organizational properties in accordance with the competences of their activities. The forms and characteristics of the principles of building the justice system in the leading countries of the world are discussed. The foreign experience of administrative activities of judicial institutions is highlighted. The main areas of improvement of the administrative and legal foundations of the development of the justice system, taking into account the best international standards and practices, are revealed. Ways of adapting the positive foreign experience of the organization of the justice system into the national legal system of judicial institutions have been determined.

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