Suchergebnisse

The article is devoted to the study of guarantees as an element of the legal status of a judge. The article considers the effectiveness of justice by the judiciary as an independent branch of state power, which is entrusted with the function of protecting the rights and legitimate interests of persons in the state. It is argued that the right to judicial protection can be properly realized only if there is an effective mechanism of judicial protection, which becomes real if there are guarantees for the activity of a judge. The independence and independence of the judiciary is due to the constitutional principle of separation of powers, proclaimed in the Constitution of Ukraine. However, it is in democracies that this principle acquires special significance, because we are talking about legally enshrined guarantees and effective mechanisms of «containment and balances» in the organization and activities of various branches of government. Each of the branches of government – legislative, executive and judicial, independently performs only its inherent functions, not obeying each other. Decisions are made by the judiciary due to their independence, because no additional approval by the bodies of other branches of government is required. The most important prerequisite for this is the protection of the judiciary from unlawful influence or interference from other actors. Only an independent judiciary can become the guarantor of the rule of law, the implementation of effective and accessible justice and a fair judicial decision of cases in the state. The guarantees of the judge's activity in the administration of justice are divided into three groups: guarantees of the procedural activity of the judge as the bearer of judicial power, the subject of the process; organizational and legal guarantees for the activity of a judge as a person holding a public office and is a member of the judicial community; social and legal guarantees of a judge as a citizen with a special legal status, limited in civil rights by legislation on the status of judges and occupying a separate position in society.

The article reveals the features of judicial protection as one of the key guarantees of the activities of courts in Ukraine. It has been established that the peculiarities of judicial protection as one of the key guarantees of the activities of courts in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On state protection of employees of the court and law enforcement agencies», the Law of Ukraine «On the National Police», the Law of Ukraine «On the judicial system and the status of judges», by the decision of the High Council of Justice «On approval of the Regulations on the Judicial Protection Service», by the Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of courts and persons involved in the implementation of legal proceedings». It was determined that, in addition to the Judicial Protection Service, security functions are performed by units of the National Police of Ukraine and units of the National Guard of Ukraine. It was found that the Judicial Protection Service is a state body that functions in the justice system and whose main task is to ensure the protection and maintenance of proper order in the courts. It has been established that the Judicial Protection Service is subordinate to the High Council of Justice, and the State Judicial Administration of Ukraine controls the activities of the Judicial Protection Service. It was determined that the procedure for the passage of service by employees of the Judicial Protection Service is established in accordance with the procedure approved by the High Council of Justice, moreover, on the proposal of the Head of the Judicial Protection Service and in agreement with the State Judicial Administration of Ukraine. It was found that the safety of judges, as well as the protection of court buildings, is one of the main guarantees of the independence of judges and the justice system as a whole. It has been established that in order to increase the effectiveness of judicial protection, initiated cooperation has been established with the Ukrainian-Canadian Judicial Reform Support Project, as well as have been developed and implemented the Ukrainian-Canadian Judicial Reform Support Project and the European Union «Law-Justice» Project . It is noted that the structure of the Judicial Protection Service consists of the central governing body and territorial offices of the Service. It is proposed in the perspective of further research to reveal the legal features of the procedure for admission to the position of candidates for service in the Judicial Protection Service.