SCIENTIFIC APPROACHES TO THE DEFINITION AND ESSENCE OF JUDICIAL POWER

Abstract

This article is devoted to the analysis of modern scientific approaches to the definition and understanding of the essence of judicial power. It considers key issues related to the definition of the judiciary, ensuring its independence, interaction with other branches of government, as well as issues of transparencyand accountability. Special attention is paid to the role of the judiciary in the protection of human rights and its evolution under the influence of historical, social and political factors. The scientific sources were analyzed, which indicated the reasoning of the first thinkers regarding the distribution of power, which created the theory of the distribution of power, where he distinguished legislative, executive and federal power (that is, the power of the state in the international arena), and did not mention anything in his writings specifically about the judicial power. It was determined that the judiciary has become a full-fledged branch in the system of distribution of power. In the legal literature, it is widely known that the main direction of the activity of the judiciary is to ensure the implementation of justice by the courts, that is, the decision on the basis of the current law with the application of a special procedural form of specific cases and disputes that arise as a result of various conflicts in society between people, between a person and the state, etc.It was determined that judicial power as a specific branch of state power is exercised by authorized bodies (courts), the purpose of which is to resolve all legal conflicts arising in society, and its characteristic features include independence, autonomy, separation, exclusivity and rule of law. Areas of exercise of judicialpower are highlighted: protection of rights and legitimate interests of citizens; protection of law and order from criminal and other offenses; control over the fact that the activities of state bodies do not go beyond the legal limits.