Prilutsky S. Judicial power under formation the civil society and legal state in Ukraine

The dissertation examines contemporary problems of organization and functioning the judiciary power in Ukraine. Based on the concept of judicial law the author formulated theoretical and methodological ground to the theory of judiciary power. The legal nature of a court as a social and public legal phenomenon is shown; the legal basis of relations between state and civil society in the organization and realization of the judiciary power is revealed; the place of the judiciary power in the state mechanism and its relationship to other branches and government bodies are defined; The forms of direct democracy in the execution of judicial power and problems of its implementation in Ukraine are analyzed; the principles of unity of the judiciary power as a legal basis for the judicial system of Ukraine are researched, as well as correlation of organizational forms of the judiciary power ( judicial self-government, judicial management and judicial self-organization); the organizational and legal ways and means of improving the status of judges, selection to occupy position in the court as well as increasing judicial independence guarantees are defined; the institution of the Magistrates' court and prospects of its implementation in the national judicial system are shown; the place and role of the public prosecution and the defense mechanism in adversarial proceedings are defined.