Bryntsev V. The System of the Organizational Support of the Judicial Power in Ukraine.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0511U000348

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

15-04-2011

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The doctoral thesis is dedicated to the research of issues related to the formation of the national model of judicial power on the basis of standards of the rule-of-law state, the role and the meaning of proper organizational support of the judicial activity for the exercise of the effective administration of justice in terms of the division of power into legislative, executive and judicial branches. Special attention is paid to the search of the optimal model of judicial administration which is the main component of the organizational support of the courts' activities; the formation of the above-mentioned model on the basis of the constitutional principles of independence of courts and that of judges. With this purpose the comparative analysis of the legislative process at all stages of the judicial and legal reform of Ukraine and the legislation of the Russian Federation, other countries of the CIS and Europe was made; the specific characteristics of the effect of the rule-of-law principle during administration of justice were examined. The necessity to implement the achievements of the theory of management, progressive technologies of contemporary management into the administrative processes of the judicial system is substantiated, and proposals for further improvement of the legislative basis of integrated system of the organizational support of operations of courts of all jurisdictions and instances are formulated. The mechanisms of implementation of the authorities of the regional courts' chairpersons and substantially reformed bodies of judicial self-government are given in detail in accordance with the functions of these subjects, regulated by the Law of Ukraine "On the Judiciary and Status of Judges" No. 2453-VI dated July 7, 2010. The author's model of the formation of the system of court administration is suggested. The impact of the judicial norm-making on the improvement of the legislation regarding the procedures and the judiciary is examined, and substantial arguments for the necessity of recognition of legal provisions of acts of the highest judicial bodies as the judicial law are given. Amendments to the legislation introduced by the Law of Ukraine "On the Judiciary and Status of Judges" are analyzed and the author's conception of the structure of court system and main directions of reformation of the judicial branch of Ukraine during 2011-2015 is suggested.

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