The place and role of the judiciary in the system of state authorities: implementation of the principle of people’s power

• Published in: Аналітично-порівняльне правознавство no. 1; pp. 535 - 540
• Main Authors: Byelov, D., Придачук, O.
• Format: Journal Article
• Language: English
• Published: 29.05.2023
• ISSN: 2788-6018; 2788-6018
• DOI: 10.24144/2788-6018.2023.01.93

The place and role of the judiciary in the system of state authorities: implementation of the principle of people’s power. The article is devoted to highlighting certain features of the organization and activities of state authorities in Ukraine. The author focuses his attention on the role and place of the judiciary in the mechanism of checks and balances. Separate principles of the construction of the system of judicial power in Ukraine are considered. It is indicated that a just law is the embodiment of the idea of equal freedom for all - to do everything that does not limit the freedom of others and does not cause harm, as well as what is not prohibited by law. The idea of justice is implemented primarily through the normative consolidation of the right to a fair trial. This right is established both at the national and international levels. Given the closeness of the concepts of «law» and «justice», in the process of consideration of a court case there is a search for the right, and the result of this consideration is embodied in a concrete decision of the court. The authors note: 1) guaranteed rights (opportunities to perform certain actions) of a person who is a citizen of a specific state should be established by laws. Laws establishing rights, establishing specific obligations and sanctions for non-fulfilment apply equally to all citizens. 2) in order to implement the principle of «the best order» it is necessary to create a logical relationship between coercion and protection in the person of the citizen. This means the following: a citizen must have a real possibility of forcing state and other bodies, third parties to properly comply with the law, just as the state has the possibility of forcing citizens to obey the law. The social nature of the judiciary consists precisely in the resolution by judges (from the standpoint of justice) of conflicts of conflicting interests in society. The solution to the legal nature of judicial power lies in the fact that judges in a specific case demarcate the free spheres of the disputing parties and formulate the corresponding universally binding consequences. The constitutional and legal parameters of ensuring the human rights function of the judiciary are due to the fact that the judiciary itself is a sub-function of a more general concept - the law enforcement function of the judiciary. The current legislation of Ukraine establishes the unity of the judicial system of our country, but in fact this issue is not so obvious due to the existence of organizationally independent and procedurally independent systems of courts of general jurisdiction, economic and administrative courts, as well as the Constitutional Court of Ukraine. However, the general duty of courts to protect the rights and freedoms of a person and а citizen acts as the main constitutional goal of justice - it unites all branches of the judicial power according to their social purpose in the system of state authorities.