Danylevskyi M. Administrative and legal principles of independence of judges in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100879

Applicant for

Specialization

  • 081 - Право. Право

20-07-2022

Specialized Academic Board

ДФ 08.893.022

University of Customs and Finance

Essay

The dissertation, based on a comprehensive analysis of legislative norms, in-depth scientific positions and the practice of public administration subjects, revealed the administrative and legal principles of the independence of judges in Ukraine, and formed new scientific, theoretical and practical conclusions, generalizations and recommendations. The main ones are the following: It is revealed that judicial independence as an object of administrative and legal regulation consists in the property of the legal position of a judge established by the norms of administrative law, which is realized in administrative and legal relations through the activities of special subjects of public administration (judicial governance bodies, judicial self-government bodies, other bodies justice, executive authorities, public organizations) by creating all conditions for impartial, independent, objective and fair justice. It has been proven that judicial independence as an object of administrative-legal regulation combines all components of legal regulation: it operates in the plane of administrative-legal relations based on the norms of administrative law; implemented through the activities of special subjects of public administration (judicial governance bodies, judicial self-government bodies, other justice bodies, executive power bodies, the public); is a mandatory element of administrative and legal regulation of the judicial branch of government. An important aspect of observing judicial independence is the effective activity of subjects of administrative and legal regulation of judicial power at all hierarchical levels, from the formation and implementation of the state policy of justice reform, direct support of the judicial branch of government to specialized regulation of legal relations regarding judicial independence.

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