Principle of Internal Independence of the Judge: Degree of Implementation in Ukraine

Abstract

This article is devoted to the characteristics of the legal content and the actual state of implementation of the principle of internal independence of judges in Ukraine.
 It is emphasized that the importance of forming an independent judicial system is one of the most important indicators of building a truly legal system of Ukraine. After all, in a democratic legal state, only the judiciary can finally resolve a legal dispute or conflict. But it will be able to fulfill its purpose only under conditions when it is truly independent, impartial, and accessible to everyone, and the enshrining of rights and freedoms in legislative acts is unambiguous, clear, precise, systematic and accessible to everyone. Besides, no matter how perfect the legislation is, its norms become declarative if they do not have a mechanism for observing the rights and obligations provided for in them.
 In Ukraine, the issue of judicial reform is extremely urgent, since the percentage of the country's population that believes in the possibility of protecting their rights and interests in court is small, and the number of unjust decisions is too significant.
 It has been established that one of the most negative social phenomena that affects the administration of justice in Ukraine is systemic corruption. The next determinant is an excessive load on the courts, which leads to a deterioration in the quality of judicial proceedings, as well as lengthens the duration of cases and judgments. Other "dangerous" and risky determinants include the instability of judicial practice, the ambiguity of regulations that establish the legal basis for the administration of justice, and long delays in court hearings due to the failure of judges to provide a schedule for consideration of court cases.
 The author's definition of the principle of internal independence of a judge is given, which is the ability of judges to perform their duties properly, in particular to independently and impartially decide each case on its merits, without influence or undue control by the head of the court, other judges, employees of the court apparatus and participants in the court proceedings. Process.