Open AccessFUNCTIONS AND TASKS OF SYSTEMS AND INSTITUTIONS OF THE SYSTEM PROVISION OF THE COURT
Author(s) -
О. В. Щерблюк
Publication year - 2020
Publication title -
ûridična nauka
Language(s) - English
Resource type - Journals
ISSN - 2222-5374
DOI - 10.32844/2222-5374-2020-105-3.38
Subject(s) - normative , legislature , political science , legislation , commission , institution , law , economic justice , state (computer science) , control (management) , administration (probate law) , government (linguistics) , public administration , business , economics , management , computer science , linguistics , philosophy , algorithm
The article analyzes the current legislation of Ukraine which regulates organizational issues of the judiciary. It is stated that the right to a fair trial depends on many factors, one of which is the tasks and functions of the organization of the judiciary in Ukraine. Where the functions and tasks of the organization of the judiciary in Ukraine should correspond, on the one hand, to the promotion of the proper exercise of their powers by the courts, and on the other hand not to create conditions for influencing judges. The main bodies and institutions and their functions and tasks in the organization of the judiciary in Ukraine are determined. To such bodies and institutions the author includes: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualification Commission of Judges of Ukraine, judicial self-government, the court staff, the National School of Judges of Ukraine. the tasks and functions of the above-mentioned bodies are in most cases not directly indicated at the legislative level. Thus, when separating the tasks and functions facing different public authorities, it is not always possible to clearly separate them from each other. Therefore, analyzing the legal status, we can assume that the main functions of the judiciary are: security, financial management, control, information and communication , normative-methodical, etc. In turn, the tasks of each judicial body or institution in the field of organization of the judiciary are mainly determined by the areas and powers specified in the regulations governing their status. It is determined that the bodies and institutions that are called to perform the functions and tasks of the judiciary are: the High Council of Justice, the State Judicial Administration of Ukraine, the High Qualifications Commission of Judges of Ukraine, judicial self-government, the court, the National School of Judges of Ukraine. self-government involved in the organizational support of the courts, as well as the tasks and functions of the above bodies in most cases at the legislative level are not directly specified. Therefore, analyzing the legal status, we can assume that the main functions of the organization of the judiciary are: security, financial and administrative, control, information and communication, regulatory and methodological, and so on.