THE CONCEPT OF NORMATIVE BASIS OF ORGANIZATION JUDICIARY IN UKRAINE

Abstract

The article analyzes modern views on the concept of principles and principles of organization of the judiciary in Ukraine. It is determined that the judiciary of Ukraine is based on four basic legal principles: separation of powers, rule of law, independence and impartiality of the court (judges). All four of these principles are specified in the principles of the organization of the judiciary and are the basis for building different methods of accountability. It has been shown that legal principles and principles may have different weights in different societies depending on their objective circumstances and people's perceptions of these circumstances, as different societies may give priority to some of these principles and principles at certain periods of their development. The result of this socio-historical development is the presence of a wide range of institutional organizations that are part of the judiciary, but they all base the organization of their activities on certain general legal principles and principles. Analysis of the Constitution of Ukraine and the Law of Ukraine "On the Judiciary and the Status of Judges" revealed that the basics of the organization of the judiciary include the principles of the judiciary and the legal framework for organizing the judiciary (structural elements, powers, tasks, etc.) principles and principles are closely related but not identical. Accordingly, the legal principles and principles of the organization of the judiciary in Ukraine are the normative bases, rules of organization and activity of judicial bodies and institutions implemented by state authorities (legislative, executive and judicial) within their competence. It is concluded, however, that: 1) the judiciary of Ukraine is based on four basic legal principles: separation of powers, rule of law, independence and impartiality of the court (judges). All four of these principles are specified in the principles of the organization of the judiciary and are the basis for building different methods of accountability; 2) legal principles and principles may have different weights in different societies depending on their objective circumstances and people's perception of these circumstances. The point is that different societies may give priority to some of these principles and principles at certain periods of their development. The result of this socio-historical development is the presence of a wide range of institutional organizations that are part of the judiciary, but they all base the organization of their activities on certain general legal principles and principles; 3) the principles of organization of the judiciary in Ukraine are divided into general and special. The general principles of the organization of the judiciary include those relating to the organization of the entire judicial system, and the special ones that relate to individual structural elements of this system (judicial bodies and institutions).