The mechanisms of state regulation of transformation in the judicial system Ukraine

Abstract

Functioning of of law demands implementation of the rule of law, the activities of the state, its agen ­ cies outlined provisions of the Constitution, laws, other regulations, and the rights and freedoms and their guarantees determine the priorities of the state. Under these conditions change and the role of the court as a judicial body that exercise justice on the principles of legality, objectivity and impartiality solve conflicts in all areas of legal relations, including the determination of degree of responsibility of the state and its organs  of man and citizen, person to individual and the individual to the state. Under these conditions, an essential condition for building in Ukraine a democratic state is to establish a strong and independent judiciary, the validity of which primarily provides a unified judicial system and thus guaranteeing the independence of justice, based on rational functioning mechanisms of public regulation in the judicial system. article based on the use of complex general and specific research methods. In particular, of system approach application pro ­ vided an opportunity to consider the legal regulation of the organization and the judiciary in its development and to identify the causality of such development. Application of functional analysis allowed to form ideas about issues of justice in Ukraine. In the context of the application of European experience in reforming of the judiciary should be emphasized that the development and solution of contemporary problems of the judicial system of the European countries caused by factors such as characteristics of judicial reform, the structure of the judicial system, the structure of administrative justice (separate from the court system), which deter ­ mines the role of the President of Ukraine in the appointment of judges, ensure the independence of judges. Rationally organized system of courts and to ensure the functioning of the judiciary is one of the guarantees of a fair and effective justice. Such system needs to be improved in order to implement the principles of jus ­ tice, determined by the Constitution and its international commitments Ukraine to ensure the right of every person to protect a competent and impartial court and to the approximation of justice to citizens. To ensure the individual right to trial within a reasonable time, as well as other rights guaranteed by Article 6 of the European Convention on Human Rights and Fundamental Freedoms should build a system of courts of general jurisdiction, which would be optimal and meet the needs of society.