Ensuring Public Order during the Court Hearings in the Context of Reforming the Judicial System of Ukraine

Svitlana Zahorodniuk,Uliana Olehivna Zaiets,Hanna Sergiivna Ivanova,Maryna Vyacheslavivna Dzhafarova

doi:10.34069/ai/2020.32.08.1

Abstract

The relevance of the issue raised in the article is due to the fact that one of the key aspects of reforming the judicial system in Ukraine, which must meet European standards, is to ensure public order during the court hearing. In this regard, the subject matter of the article is the world-tested methods and ways of ensuring public order during the court hearing. While writing the article the authors have used the following methods: formal and legal, analytical, system analysis, system and structural. The problems that currently exist and are in the way of effective development of the national judicial system of Ukraine have been analyzed. While analyzing the most problematic and relevant issues of ensuring public order in courts the authors have emphasized on the intensification of tendencies to strengthen the security of the subjects participating in the court hearing. At the same time, it has been stated that there is the spread of the policy of many states for increasing the level of democratization of the judicial process, in particular by granting wider rights and freedoms to all its participants. Based on the successful experience of foreign countries, the authors have suggested the ways to improve the judicial process in Ukraine in the whole and not just to ensure public order during the court hearing. Special attention has been paid to the Judicial Protection Service. It has been determined that the improvement of the national legislation of Ukraine on ensuring public order during the court hearing should take into account both national traditions of judicial proceedings and European standards. At the same time, the implementation of international standards in these areas should be systematic and comprehensive. In this regard, it is necessary to form a single concept in this area. The conclusions have offered three main interrelated stages of improvement of the legislation of Ukraine in terms of ensuring public order during the court hearing.

Highlights

The European Convention through Article 6 establishes a fundamental principle for a democratic society and a rule of law
International organizations actively use the methodology of judicial law as an indicator of the effectiveness of the judicial system (Chechulina, 2020)
Taking into account the above facts, the purpose of this article is to determine the features of ensuring security and public order during the court hearings in the context of reforming the judicial system of Ukraine

Summary

Introduction

The European Convention through Article 6 establishes a fundamental principle for a democratic society and a rule of law. The right to a fair trial is applicable both in civil matters and in criminal matters, where the rights, freedoms and legitimate interests of the justiciable must be guaranteed. This right must be respected by all the judicial bodies, because by violating it or ignoring it, serious damages can be brought about the person's freedom, access to justice, equality of arms, the right not to incriminate s.a.m.d. Precisely for its importance, the right to a fair trial is considered as a pillar of support for the democratic state (Silviu-Ștefan, 2019). International organizations actively use the methodology of judicial law as an indicator of the effectiveness of the judicial system (Chechulina, 2020)

Objectives

Methods

Results

Conclusion