Shcherbak A. Public administration in the activities of the court apparatus

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100452

Applicant for

Specialization

  • 081 - Право

03-06-2023

Specialized Academic Board

ДФ 26.004.079

National University of Life and Environmental Sciences of Ukraine

Essay

The dissertation is devoted to a comprehensive theoretical and legal study of public administration in the activities of the court apparatus. The study reveals the essence and features of the concept of "public administration in the court administration". The author analyses the conceptual framework, defines the categorical essence of "public administration", "public administration in the activities of the court apparatus", and "organisational support of courts". The author examines the forms of public administration in the activities of the court apparatus. It is proved that the system of normative and individual acts regulating the principles of public administration in the activities of the court apparatus is the basis for the proper administration of justice. The author defines the organisational principles of public administration in the activities of the court apparatus, institutional functions and principles of public administration in the activities of the court apparatus, subjective and objective composition of public administration, and moral and ethical principles in the activities of the court apparatus. The article examines the basic concepts, essence and specific characteristics of European standards. The author offers his own understanding of the "European legal standard". The author makes a legal analysis of the impact of European standards on the norms and principles of professional ethics of court staff. The basic Justice Development Strategies were analysed, which allowed us to identify a number of shortcomings and gaps. The Regulation on Prevention of Mobbing, Discrimination and Equality of Labour Rights of Court Staff has been developed and is proposed to be implemented with certain restrictions on the main principles. The author substantiates the fundamental need to have the position of the press secretary filled as a target factor for the performance of his/her functional duties. The author proposes to introduce the institute of special court staff members who would perform the functions of a judge in cases of minor complexity and without dispute (writ and special proceedings). It is determined that during the period of martial law and active hostilities, courts in the controlled territories are obliged to consider cases of those courts which, as a result of military aggression, are unable to hold court hearings, which has led to a significant burden on both judges and court staff. Therefore, it is proposed to update the number of court staff members, taking into account an individual approach to each, with a certain urgent review of the conditions. The author establishes the need for various measures aimed at improving the qualification level of court staff.

Files

Similar theses