You are here

The unity of the judiciary



Submitted byYaroslav MudryiNational Law University.

In this paper wesolveimportant scientific and technical problemsassociated with the development of theoretical and practical aspects that determine the legal nature of the unity of the judiciary as the baseline optimal her organization in the country and search for an effective model of its structuring.

The scientificbasesfor ensuring the uniformity of the judicial system and status of judgeswere developed.

First considered the legal nature, the essenceand content of the unity of the judiciary. Revealed its system characteristics, structure, place in a single public authority. In this regard, formulated a general theoretical definition of "unity of the judiciary", defined its basic components. The analysis of the foundations of unity, goals and objectives of the judiciary, the principles of its implementation.

The essence of the unity of the judiciary, its proposed content-structural components, set its attributes. The basic organizational and legal problems of implementation of the uniqueness of the judicial system, the ways of their solution. Considered guarantees of the latter, developed proposals to improve the relevant legislation.

Analyze the effect of legal regulation of unity status of judges at both the national and international levels. Established and disclosed their legal equality of opportunities identified legislative gaps and challenges securityofunity of the judiciary suggest ways to overcome them.

  Monographic study embedded in the activities of the Department of organization of the judicial and law enforcement agencies of the Yaroslav MudryiNational Law University, the Department of Justice of the Kyiv National Taras Shevchenko University, as well as the activities of the Supreme Court of Ukraine.

The economic effectof the introduction of the study results is shown in the optimization of both the legal regulation of the unity of the judiciary, and the practice of law enforcers. As a consequence, properly organized to ensure the unity of the judiciary in terms of ensuring the uniformity of judicial practice provides a more efficient provision of the right to a fair trial and to decrease the number of appeal court decisions.

Scientific results of the work are reflected in a monograph, seven articles and seven scientific reports and presentationsin conferences and roundtables.