Year: 2025
Type: article
Abstract: The article provides a theoretical and legal analysis of the system-forming principles of the organization of the judicial system. This will make it possible to study the mechanisms of the implementation of judicial power in the conditions of transformation of social relations. The object of research is judicial power in the system of social relations. The subject of the study is the functioning of the judiciary as an element of social relations that ensures social order in society. The methodological basis of the research is interdisciplinary, dialectical, comparative-historical, systemic, structural-functional and axiological approaches. It is noted that the judicial power is considered as a system of judicial power relations and connections between the bodies of the judicial power and the subjects of the law, with the help of which the law affects social relations in legal, axiological, socio-ethical, moral aspects, the main functions of which are stabilization, restoration, regulation of social relations. The principles are the basis of the organization and activity of the judiciary, and it itself participates in the formation of the structure and content as an independent power in the state, which has its own mechanism of legal influence on social relations. The principles of judicial power are divided into two groups: the general principles of the organization and operation of the court as a branch of state power (the principle of recognizing a person, his rights and freedoms as the highest value, the principle of legality); principles of the organization and functioning of the judicial power (constitutional principles of the judicial system, judicial procedure and the status of a judge). The leading principle in the complex of the basic principles of the organization and activity of the judiciary is the principle of independence. Independence implies external and internal autonomy with the possibility of self-sufficiency in all aspects of organization and activity, as a branch of state power. This requires its own range of powers, functions, resources, and its own system of bodies. The article reveals the essential characteristics of the system-forming principles of the judicial system - the unity of the judicial system, the independence of courts, the immutability and independence of judges. Their content and structure, as well as external and internal organizational and legal functions, were revealed.
Author: Ярема, О. Г.
Institution: Lviv State University of Internal Affairs
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7025667793
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