In the dissertation, a study of the peculiarities of the implementation of the principle of people's power in the organization of judicial power and the administration of justice was carried out.
It has been established that the participation of the people in the formation and implementation of justice has a long history, which dates back to ancient Egypt and Mesopotamia, where the people directly elected not only the ruler, but also representatives of the judiciary who administered justice, thereby not only limiting their power, but exercised general control over their activities.
It was established that the population of those Ukrainian lands that were under the rule of Lithuanians and Poles also had the right to form judicial bodies (Konpi courts) directly by the population, as well as to participate in the administration of justice through people's representatives, who were also elected by the population of Kopni district.
In the course of the analysis of theoretical views, it was proved that at the current stage, the election of judges by the people is one of the democratic ways of forming the judicial corps, which has a basis from both theoretical and historical, as well as from a practical point of view, since the realization of such a right significantly limits the possibility of influencing judges on the part of state authorities and local self-government bodies, their officials during court hearings in public legal disputes.
It has been established that the doctrine of the right of the people to administer justice through a jury helps: 1) embody the ideas of the rule of law and civil society in the sphere of justice; 2) increasing legal awareness of the population and public activity; 3) comprehensive implementation by citizens of the constitutional right to manage state affairs; 4) ensuring the openness of the judge's activity as a representative of the judiciary; 5) increasing the authority of the court and the public's trust in it; 6) ensuring fairness of justice; 7) reduction of the possible influence on the judge by representatives of law enforcement agencies regarding decision-making in the case; 8) reduction of corruption risks.
It has been proven that political rights are an instrument of struggle for all other rights and freedoms of a person and a citizen, since it is political rights that are a necessary condition for the realization of any rights.
The analysis and generalization of theoretical scientific developments gave grounds to claim that it was the concept of popular sovereignty that became the further basis for the formation of the people's right to organize the judiciary and administer justice as an institution of constitutional law and a special form of direct democracy.
Based on the analysis of constitutional and legal views on the right of citizens to participate in the administration of justice, we come to the conclusion that this category, in contrast to the right of the people to organize the judiciary, has a different meaning in an objective and subjective sense.
It was established that the principles of the right of the people to organize the judiciary and administer justice are the starting points that harmoniously unite individual, group and public interests and a peculiar vector that determines the direction of development of the idea of popular sovereignty, which is the basis, the foundation of people's rule, which in its the turn determines the essence, content, place and functions, the people's rights to participate in the organization of the judiciary and the administration of justice, its subordination, coordination and relationship in accordance with the nature of the judiciary.
It has been established that the right of the people to form the judiciary and administer justice performs: an imperative function (which is implemented by conducting direct elections by the citizens of the state of candidates for the position of judge, the results of which are binding in nature); the regulatory function (which is implemented through such legal instruments, which are used to compare the will of the people and the judicial authority formed by it, in particular, the holding of elections, the granting of an imperative mandate, the imperativeness of the decision of representatives of the people-jurors); a complex function (combining an imperative and a regulatory function, which is implemented, including through the early recall of a people's representative - a judge, reporting to voters on his activities);
On the basis of the conducted research, in order to fully realize the potential of people's power in the justice system, it is proposed, along with the introduction of the institution of electability of judges at all levels, to ensure the legislative guarantee of the people's right to justice by introducing the classic jury trial model.
