Issue: № 3/1, 2021
Doi: https://doi.org/10.37634/efp.2021.3(1).3
Introduction. Analysis of the conceptual foundations of the security of the judiciary shows that the content and constituent elements of the concept have not been studied by domestic scholars. To define the definition of "security of the judiciary" it is necessary to explore the theoretical preconditions that affect its content and structure. This will allow us to continue the research work in the direction of formulating a well-founded definition of the concept, which will improve the theoretical and methodological basis for the development of recommendations for improving regulations related to the security of the judiciary. The purpose of the paper is to generalize the theoretical prerequisites for defining the meaning of “security of the judiciary”. Results. The paper presents the results of the study of theoretical preconditions for determining the content of the concept of "security of the judiciary". The epistemological analysis of the concept based on the dictionary information base concerning the corresponding term is carried out and features of its interpretation taking into account the value of the related terms in English are established. The practice of application of the corresponding term in the legislation is investigated. The preconditions for the development of the concept within the framework of the theory of national security are described. It is emphasized that due to the lack of complete theoretical and methodological support of activities related to the security of the judiciary, the latter is not included in the system of measures related to national security. Conclusion. The analysis showed that in the conditions of insufficient completeness of theoretical and methodological support of activities related to the security of the judiciary, the latter is not included in the system of measures related to national security, and therefore remains out of the attention of security researchers. In turn, the exclusion of this issue from the agenda of security research does not allow to achieve the proper development of theoretical provisions, which indicates the emergence of a vicious circle. Thus, a promising area of further research is to clarify the content and structure of the concept of "ensuring the security of the judiciary", taking into account the identified theoretical assumptions and trends in judicial law.
Keywords : judiciary, judiciary, security of the judiciary, national security, threats to the security of the judiciary
References:
1. Pasichnyk V.M. Philosophical category of security as the basis of a new paradigm of state management of national security. Democratic governance. 2011. Issue 7. URL: http://nbuv.gov.ua/UJRN/DeVr_2011_7_7 (in Ukrainian).
2. Tykhyi V.P. Human security: concept, legal support, meaning, types. Bulletin of the National Academy of Legal Sciences of Ukraine. 2016. № 2. pp. 31-46 (in Ukrainian).
3. Security. URL: http://sum.in.ua/s/bezpeka (in Ukrainian).
4. Security. Dictionary of the Ukrainian language in 20 vol. URL: https://slovnyk.me/dict/newsum/безпека (in Ukrainian).
5. Large explanatory dictionary of the modern Ukrainian language: 250 000 / ed. V.T. Busel. Kyiv; Irpin: Perun, 2005. 1728 p. (in Ukrainian).
6. Security. Economic dictionary. URL: https://slovnyk.me/dict/economics_dict/безпека (in Ukrainian).
7. Safety. Cambridge dictionary. URL: https://dictionary.cambridge.org/en/словарь/английский/safety
8. Safety. Merriam-Webster. URL: https://www.merriam-webster.com/dictionary/safety
9. Security. Cambridge dictionary. URL: https://dictionary.cambridge.org/ru/словарь/английский/security
10. Security. Merriam-Webster. URL: https://www.merriam-webster.com/dictionary/security
11. The term "Security". Terminology of legislation. URL: https://zakon.rada.gov.ua/laws/term/1742 (in Ukrainian).
12. Poltorakov O. Reconceptualization of the concept of "security" in modern political and political discourse. Political management. 2009. № 5 (38). pp. 19-28. (in Ukrainian).
13 Chuvakov O.A. Security: the socio-political essence of the concept. Constitutional state. 2014. № 18. pp. 119-123. (in Ukrainian).
14. Horbatiuk S.Ye. The evolution of the security phenomenon: from ancient political and legal scholars to modern scientific thought. Bulletin of the National Academy of Public Administration at the President of Ukraine. Series: Public Administration. 2016. № 2. pp. 28-35. (in Ukrainian).
15. Korniievskyi O. The concept of public safety: modern scientific and expert discourse. Ukrainian national idea: realities and prospects of development. 2008. Issue. 21. pp. 103-107 (in Ukrainian).
16. Lipkan V.A. The concept of national security of Ukraine. Law and Security. 2003. Vol. 2. № 4. pp. 57-60. (in Ukrainian).
17. National Security Strategy of Ukraine "Human Security - Country Security": approved by the Decree of the President of Ukraine of September 14, 2020 № 392/2020. URL: https://www.president.gov.ua/documents/3922020-35037 (in Ukrainian).