Bobrova Y. Gender aspect of judicial activities (theoretical and practical survey).

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0520U100350

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

17-07-2020

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The dissertation is a theoretical and practical research of judicial activities through the gender lens. This dissertation is the first substantial and complex research in mentioned topic in Ukraine. It gave the opportunity to solve the scientific issue on rationale for accounting gender in the judicial activities in modern Ukraine. Theoretical theses and list of actual and practical recommendations on national legislation amendments were proposed based on the research. Rationale of the research is related to the course of the European integration of Ukrainian legal framework. It caused a liable necessity in judicial activities research through the gender lens (equality in access to the judge occupation, judge remuneration, and career growth, participation in judge’s governance and self-government as well as providing maternity protection and fair balance between work and family for both men and women). On this basis, the dissertation holds the characteristic of methodological principles of gender aspect of the judicial activities as an object of the theoretical and practical research; historical periods of gender symmetry establishment in the judicial activities and current status of the issue are highlighted; sources of the scientific research are systematized; the term «gender» and its place in the research issue are determined; the specificity of judicial activities as a legal category through the gender lens is elucidated; the author’s point of view on the essence of gender aspect in the organizational and legal bases of judicial activities is formulated; gender features of moral and legal bases of the judge occupation are highlighted; the mechanism of development judges inner conviction during the resolving civil cases related to the gender based discrimination is characterized; the gender influence on development judges inner conviction during the resolving criminal cases is described; features of judicial settlement of gender-sensitive cases are generalized; the differences in professional and legal problems faced by men-judges and women-judges are determined; general theoretical problems of implementation principle of judges gender equality in gender legislation are highlighted; the classification of legal principles of judges gender equality is provided; the mechanism of implementation legal principles of judges gender equality during the dispensing justice is analyzed; genesis, specificity of legal establishment and implementation of gender equality best practices in the states of English-American legal family and their meaning for Ukraine are characterized; the opportunities of implementation international practice of gender equality in the states of Romano-Germanic legal family are described; the perspectives of implementation international models of judicial procedures and gender legislation in the framework of Ukrainian judicial system reform are determined.

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