Open AccessFunctions of democracy in the organization of the judiciary and the administration of justice
Author(s) -
М.С. Синьобок
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.63.16
Subject(s) - democracy , constitution , political science , sovereignty , law , economic justice , politics , state (computer science) , power (physics) , separation of powers , fundamental rights , rule of law , meaning (existential) , law and economics , sociology , human rights , psychology , physics , algorithm , quantum mechanics , computer science , psychotherapist
The main scientific achievements of foreign and domestic legal scholars in the field of research of the functions of rights in general are analyzed in order to reveal the concept of the functions of the people's right to the formation of justice and the mechanism of their implementation.
It is pointed out that in the legal literature there is almost no legal construction of the right of citizens to form (participate) in the formation (organization) of the judiciary. Therefore, in view of the above, the concept of the right of the people to form and implement justice through the prism of political rights, which are the guideline that promotes the realization of democracy, has been clarified. This clarifies the meaning and essence of political rights, in particular, the right to elect power and the right to participate in government.
Emphasis is placed on the fact that the Constitution of Ukraine proclaims the fundamental principle of a democratic state: "The bearer of sovereignty and the only source of power in Ukraine is the people." This principle provides an opportunity for the people to independently form a vision of their future and the future of the state, to determine the powers and composition of public authorities, which are responsible for meeting the expectations of the people, and to control their activities is difficult.
It is established that society controls the functioning of the court not only through the participation of citizens in the judicial process as jurors and lay judges, but also through the mechanisms of election of judges and their recall. That is, through the exercise of the right to form the judiciary and administer justice. Therefore, given that the formation of the judiciary by the people is carried out through elections, we consider it necessary to fully clarify the content and type of functions of democracy in the exercise of such a right, to explore the functions of elections in general.