Theoretical foundations for strengthening the authority of the judiciary power in Ukraine

Issue: № 12/3, 2020

Doi: https://doi.org/10.37634/efp.2020.12(3).4

Introduction. The term "authority of the judiciary" appears in a significant number of legal acts throughout the history of Independent Ukraine. The meaning of this concept differs in domestic and English-language sources due to the difference in interpretation of the term "authority". The authority of the judiciary is recognized by scholars as one of its features or properties, and there are also strong links with other features, including independence. At the same time, due to the lack of legislative enshrinement of the concept, there is a blurring of the conceptual and categorical apparatus, in particular, ambiguity in the works of various authors on the interpretation of "authority of the judiciary", "authority of justice", "authority of judge", etc. Despite the importance of the issue of the authority of the judiciary, it remains virtually unexplored, and regulations on "strengthening" or "undermining" the authority of the judiciary or justice do not have a proper theoretical and methodological justification. The purpose of the paper is to generalize the theoretical foundations of strengthening the authority of the judiciary in Ukraine. Results. The paper presents the results of a study of the theoretical foundations of strengthening the authority of the judiciary. The urgency of this problem is emphasized in view of the intensification of the processes of civil society development and European integration of Ukraine. Emphasis is placed on the broad representation of the relevant concept in regulatory sources in the absence of its definition. The limitations of research on the authority of the judiciary in modern works on jurisprudence are noted. Emphasis is placed on the dominance of the approach in modern jurisprudence, according to which the authority of the judiciary is formed on the basis of the authority of judges. The dynamic nature of the authority of the judiciary and the existence of a potential opportunity to monitor its level was noted. Author proposed a set of theoretical principles which can allow to form sound recommendations on strategic directions for strengthening the authority of the judiciary. Conclusion. The events of recent years have indicated the incompleteness of judicial reform processes in Ukraine. The expected increase in trust in the judiciary did not happen, which negatively affected its authority among the population and Ukraine's international partners. Finding ways to strengthen the authority of the judiciary is one of the important tasks in establishing the rule of law and ensuring strict observance of the right to a fair trial, which is a condition for Ukraine's European integration. According to the results of the study, a number of theoretical principles of strengthening the authority of the judiciary were summarized. A promising area of further research is the development of methodological aspects of strengthening the authority of the judiciary.

Keywords : judiciary, judicial power, authority of the judiciary, trust in the judiciary, civil society, European integration

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