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Administrative and legal characteristics of the place and role of a judge of the Higher specialized court
Author(s) -
M.G. Shunko
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.04.40
Subject(s) - law , political science , democracy , human rights , rule of law , power (physics) , adjudication , administration (probate law) , separation of powers , administration of justice , context (archaeology) , economic justice , law and economics , sociology , legislature , politics , physics , quantum mechanics , paleontology , biology
One of the aspects of the implementation of judicial reform in Ukraine was the establishment of the High Specialized Courts, which were to ensure the administration of objective justice in important areas, including combating corruption and combating intellectual property offenses. In this context, it is important to determine not only the role and place of these judges in the judicial system of Ukraine in general, but also to provide administrative and legal characteristics of the place and role of judges of higher specialized courts in particular. The purpose of the article is the administrative and legal characteristics of the place and role of a judge of the higher specialized court. According to the principle of separation of powers, all three branches must be independent of each other. Concentration of power in a state body or person can lead to the seizure of power. The judiciary is the most reliable and civilized way to protect human rights and civil rights and freedoms, and judicial protection of human rights and freedoms is the most democratic and appropriate way to consider the facts and causes of various disputes and establish the truth in pending cases. As for the role of the judge directly in the process, the judge considers the case within the established procedural norms. Everything is based on the legal basis, and the judge is in fact the observer of the process, a person who, in accordance with the law, strictly adheres to all procedural norms. It is concluded that the role of a judge of the High Specialized Court is more important than the role of a judge of a court of general jurisdiction, as evidenced by additional requirements for candidates for a judge of a special court and the importance of requirements for highly specialized judges in general.

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