THEORETICAL LEGAL RESEARCH OF INSTITUTE OF JUDICIAL AUTHORITY

Abstract

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, judicial authority, its place on the role in system of checks and balances including the content of theoretical law researches of institute of this power in the works of legal scholars. According to the authors of the article came to the conclusion judicial authority is one of varieties of state power and is exercised only by court in person of judges, as well as jurors involved in prescribed manner, and no other bodies and persons have the right to assume exercise of its powers, justice is exercised regardless of legislative and executive power, it is carried out through constitutional, civil, administrative, criminal and other forms of legal proceedings. The article concludes judiciary should be recognized as sphere of authority assigned to specialized state bodies – by court to resolve disputes within competence of relevant authorities arise when they apply the law. From the point of view of the authors vocation of judiciary is to protect the rights, the legal foundations of public and social life from violations, regardless of who committed them. Justice in state governed by the rule of law can only be exercised by judiciary, and no one has the right to appropriate magisterial functions. When exercising their powers, judicial authority is guided exclusively by law and does not depend on any influence of representative or executive power, and very legality and independence of justice are recognized as the most important guarantees of human rights and freedoms.