Open AccessHUMANITARIAN CONTEXT OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF THE COUNTRIES OF EASTERN EUROPE
Author(s) -
Marina V. Markhgeym,
Galina G. Mikhaleva,
Alevtina E. Novikova,
Aleksej P. Treskov,
Evgeniy E. Tonkov
Publication year - 2019
Publication title -
humanities and social sciences reviews
Language(s) - English
Resource type - Journals
ISSN - 2395-6518
DOI - 10.18510/hssr.2019.75138
Subject(s) - presumption of innocence , political science , law , dialectic , originality , context (archaeology) , constitutional court , publicity , presumption , sociology , constitution , creativity , epistemology , paleontology , philosophy , biology
Purpose: The article is devoted to the comparative analysis of norms of the constitutions of the countries of Eastern Europe in connection with the identification in them of the principles of the judiciary, enshrined in the special sections on the rights and freedoms of man and citizen.
Methodology: The study was based on the dialectical approach to the disclosure of legal phenomena and processes using general scientific (system, logical, analysis and synthesis) and private scientific methods. Among the latter are formal legal, legal linguistics, comparative-legal, which were collectively used to identify the principles of the judiciary.
Result: As a result, the author substantiates the framework constitutional approach of conjugation in the formalization of subjective rights with their guarantees of implementation by the judiciary on the basis of the principles established for them. Among the latest principles are the following: independent and unbiased court, universal and procedural equality in judicial; presumption of innocence; publicity of court proceeding and pronouncement of a verdict. The studied constitutional provisions also reveal other principles of the judiciary, which were solitary instances of the claimed combination with subjective rights, but did not receive a consistent mass distribution.
Applications: This research can be used for universities, teachers, and students.
Novelty/Originality: In this research, the model of the Humanitarian Context of the Principles of the Judiciary in the Constitutions of the Countries of Eastern Europe is presented in a comprehensive and complete manner.