Abstract

The paper is devoted to questions of legal regulation of the peculiarities of insight the principles of the European Charter on the Status of Judges in the context of their labor rights in accordance with the legislation of Ukraine. It is clear that the development of the rule-of-law state, the protection of human rights and the rule of law are impossible without the effective functioning of the legal system, where one of the components of the judicial system . That is why the relevant legal system must realize the decree where a person is of the highest social value, despite the fact that those who administer justice also need proper protection. That is, it should be noted that the rights of judges as employees, taking into account the specifics of their work and status, should also be protected by the state. In joining the European community of international law, special attention should be paid to certain international standards concerning regulating relevant issues, where the European Charter on the Status of Judges of 1998, adopted within the Council of Europe, which in its turn is declarative, places particular emphasis. This document concerns, for example, issues such as appointment, status of judges, career development, responsibility, termination of judge's powers, etc. The characteristic of this document in the context of the subject under study is that most of the decree is devoted precisely to the labor rights of judges. Obviously, such decrees have become a progressive push for appropriate changes to the laws of the member states of the Council of Europe, where Ukraine did not become an exception, especially in the context of reforming the judicial system.

Highlights

  • The judicial system plays a significant role in the life of each rule-of-law state, in particular, the court as a state authority acts as the legal regulator of conflicts and the guarantor of the basic rights and freedoms of a citizen, which are guaranteed by the Main Law of any state

  • Even the United Nations, in accordance with UN General Assembly Resolution 40/32 of 1985, called for states to focus on the quality of judicial proceedings

  • The state creates conditions for the full exercise of the right to work by citizens, guarantees equal opportunities in the choice of occupation and kind of employment, implements vocational training programs, training and retraining of staff in accordance with public needs

Read more

Summary

Introduction

The judicial system plays a significant role in the life of each rule-of-law state, in particular, the court as a state authority acts as the legal regulator of conflicts and the guarantor of the basic rights and freedoms of a citizen, which are guaranteed by the Main Law of any state. Even the United Nations, in accordance with UN General Assembly Resolution 40/32 of 1985, called for states to focus on the quality of judicial proceedings. In accordance with this Resolution, the Basic Principles of Independence of the Judiciary of 1985 (the "Principles of 1985") were adopted. Members of the judiciary, like other citizens, enjoy freedom of speech, religion, association and assembly; guided by such rights, judges must always behave in such a way as to ensure respect for their position and maintain the impartiality and independence of the judiciary. The 1985 principles establish the right of judges to respond and fair investigations in case of a complaint or accusation against them

Objectives
Results
Conclusion
Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.