Exercise Of Judicial Power Research Articles

О судоустройстве в Северной Осетии в досоветский, советский и постсоветский периоды (к 250-летию присоединения Осетии к России)

The article examines the features of the judicial system and the exercise of judicial power in North Ossetia in different historical periods. It is argued that they are determined by a complex of specific reasons, among which the reasons of a spiritual-ideological, historical-political, legal and socio-psychological nature stand out. The main role of the Ossetian military intelligentsia in introducing their people to Russian, European culture, way of life, forms of government, including in the sphere of judicial power, is noted. The issues of organization and abolition of various judicial institutions in the 19th-20th centuries, their dependence on local characteristics and frequent transformations of administrative and judicial institutions in this period are considered. The activities related to the establishment of Soviet courts are covered. The new judicial system and the principle of formation of the judiciary in the post-Soviet period are revealed and criticized. The activities of the abolished constitutional (statutory) courts of the constituent entities of the Russian Federation are assessed positively and convincingly. Proposals are being made for the organization of constitutional councils in the constituent entities of the Russian Federation.

Государственный суверенитет в координатах судебной власти: суверенна ли судебная власть?

The article presents the author's concept of judicial sovereignty, which is based on an analysis of the constitutional characteristics of the sovereign principles of the judiciary, which include: the increased, special nature of the legitimacy of the judiciary; the unity of the judicial system of the Russian Federation, ensuring the unity of judicial sovereignty; the independence of the court; the jurisdictional universalism of the court, ensured by the exercise of judicial power in various constitutional forms of legal proceedings, by combining universalization with differentiation; judicial and jurisdictional discretion, including the possibilities of judicial law-making and the formation of judicial law. In this regard, the concept of judicial sovereignty is being implemented both in law enforcement, judicial and jurisdictional activities, and in judicial rulemaking. At the same time, the role of the judiciary in the development of the modern doctrine of state sovereignty is analyzed, bearing in mind, first of all, the decisions of the Constitutional Court of the Russian Federation as the conceptual basis of national judicial jurisprudence, which is of particular relevance in modern conditions of the global crisis of international relations and the need to strengthen the sovereignty of Russia in all forms of its manifestation.

Judicial Activity and Its Types: Cybernetic Approach

The article raises the question of the possibility to study comprehensively all areas of the court functioning as a single activity in its nature to implement the judiciary. It is stated that in the legislation judicial activity is regulated heterogeneously. Attempts of its comprehensive study have been made repeatedly in domestic jurisprudence, but now there are practically no works in which judicial activity would be studied as a whole. The authors believe that such an approach is necessary and suggest using a cybernetics methodology to justify it. As a methodological basis of the study, it is justified that any implementation of power is social management. Therefore, the exercising of state power can be considered as a part of the management process. It is also noted that judicial activity is inextricably linked with law enforcement, which can be viewed as a stage in the integral mechanism of legal management and at the same time as a process of local management. In general, the subject of such governance is the state, but specific powers are divided among different bodies, so different stages of governance can be carried out by different entities on behalf of the state. On this basis, judicial activity is classified into three types, each of them has peculiarities of a managerial nature: 1) law enforcement (casual) justice; 2) normative (general) justice and clarification of judicial practice; 3) implementation of legislative initiative by the courts. It is justified that the activities of organizational support for the activities of the courts (judicial administration) cannot be categorized as judicial activity due to its different nature: it is not the exercise of judicial power. In conclusion, it is stated that judicial activity (with the exception of the implementation of a legislative initiative) is homogeneous in its managerial nature, which creates a prerequisite for its comprehensive study.

Torah as the Basis of Modern Ideas about the Judiciary: Introduction to the Topic

The diversity of relationships between people determines the multiplicity of types of social norms that regulate interactions in human society. Various systems of social regulation – such as customs, morality, religion, law – throughout the history of mankind are also in constant mutual influence. Their relative importance is fluid, social norms have a constant impact on each other, often experiencing transformations from one type to another. In light of this, the influence of religious institutions on the formation of secular law and the secular system of public, including judicial, power deserves serious study. The Torah, the main holy book of the Jewish people, the basis of Judaism (the oldest and most enduring monotheistic religion in history), which had a significant influence on the formation of Christianity and Islam, is the source of many well-known and established legal ideas. In particular, the Torah contains many provisions concerning the values of justice, the principles of organization and the exercise of judicial power. In fact, all the fundamental principles of justice that have become widespread in the modern world – the institutional organization of the judicial system, the staged nature of legal proceedings, the principles of fair justice, accessibility of court, impartiality of judges and many others – are enshrined in the Torah (and detailed in other sacred Jewish texts) as Divine commandments obligatory for people to fulfill. The article concludes that the study of the Jewish religious heritage can strengthen the significance of the values and principles of justice as the fundamental basis for the existence and functioning of human society.

Judicial people’s power: concepts, forms

It is emphasized that the concept of “judicial people’s power” defines a key aspect of the judicial system in democratic societies. This phenomenon reflects the fundamental idea that the judicial power, usually exercised by judges, should function under conditions of active influence and control of citizens, who are the main subjects of state power in a democratic system.
 It has been established that the study of judicial people’s power is of great importance for strengthening democracy, legal state formation and ensuring justice in modern societies. It promotes the development of effective mechanisms for the protection of the rights and freedoms of citizens and ensures that the courts serve the interests of society, observing the principles of justice and equality before the law.
 It has been determined that judicial people’s power as a constitutional and legal phenomenon plays an important role in ensuring the openness, fairness and legitimacy of justice. It can be implemented through forms of direct and indirect participation of citizens in the exercise of judicial power.
 It is emphasized that the involvement of experts contributes to increasing trust in the judicial system, as court decisions are based on objective data and scientific conclusions. Experts help to avoid suspicion and influence of the parties on the legal process, which is important to ensure justice.
 It was noted that citizen participation in the development of laws and reforms of the judicial system helps to ensure that laws meet the needs and expectations of society. It contributes to increasing the legitimacy and adoption of court decisions by citizens, as they take an active part in the process of forming legal norms and principles. Citizen participation makes the judicial system more open and democratic, contributes to increasing trust in the courts and their work. In general, the participation of citizens in the development of laws and the discussion of reforms of the judicial system is an important mechanism for ensuring citizen participation in the formation of justice and the improvement of the judicial system as a whole. This process reflects the principle of popular sovereignty and supports the idea of democracy in society.
 In summary, judicial democracy is a principle based on the idea that judicial power, including the appointment of judges, decision-making and accountability before the law, should be subjectively controlled by citizens who are the bearers of democratic power in society. Judicial people’s power involves the participation of citizens in the formation and functioning of the judicial system, ensures the openness of judicial processes and the accountability of the judiciary to citizens and the law.

KONSTITUSIONALITAS PERUBAHAN USIA CALON PRESIDEN DAN CALON WAKIL PRESIDEN DALAM NEGARA HUKUM DEMOKRASI.

As a state of law, Indonesia's system of government is based on the principle of the constitution. As a consequence, democracy has become a system that is implemented through the holding of general elections for president and vice president. The change in the age limit of presidential and vice-presidential candidates in Article 169 letter q of Law Number 7/2017 has undergone changes in accordance with the Constitutional Court Decision Number 90/PUU-XX 11/2023 which has caused controversy from various parties, namely the Constitutional Court Decision Number 90/PUU-XX 11/2023 has the potential to violate the principles in the exercise of judicial power, has a major impact on the good name of the Constitutional Court and Indonesian law, and there are a number of irregularities in several decisions of the Constitutional Court that test the constitutionality of Article 169 letter q. This research uses a normative juridical method. The research method in this study is the normative juridical method. The type of data used by the author is secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques in the form of documents or library materials on secondary legal data. The data analysis method in this research is descriptive qualitative. The results showed that the age limit for presidential and vice presidential candidates is regulated in Article 169 letter q of Law Number 7/2017 on General Elections. The series of legal rules for the election of the president and vice president in accordance with the mandate of the 1945 Constitution of the Republic of Indonesia Article 22E are set out in several amendments to the rules, namely Law Number 23 of 2003, the second amendment is contained in Law Number 42 of 2008 concerning General Elections of the President and Vice President and finally amended into Law Number 7 of 2017 concerning General Elections. The implications of changes in the age of presidential and vice-presidential candidates in a democratic legal state as outlined in Constitutional Court Decision Number 90/PUU-XXI/2023 are essentially adding norms that should not be in accordance with the initial principles of the Constitutional Court (testing the constitutionality of existing norms), the Constitutional Court's decision cannot be separated from the political context, the Constitutional Court's decision was not taken unanimously because there were differences of opinion among the panel of judges, and there were several striking anomalies, especially in the considerations presented in the dissenting opinion and concurring opinion

Implementation of the principle of people's power as a way of participation in the administration of justice

The publication examines the doctrinal principles on the forms of direct democracy and the existing problems regarding the exercise of power by the people. Based on the historical perspective of the analysis of European legislation in this area, ways of improving the Basic Law of Ukraine are proposed.
 It was established that, despite the insignificant and contradictory support of the thinkers of the ancient world and the Middle Ages regarding the need to recognize the right of the people to cancel the legislative acts of the representative bodies of the state, this idea received significant development precisely in the era of the New Age, when the proclamation of people's rule was accompanied by the establishment of parliamentarism, the authority and trust of which is constantly fell among the common people. It has been proven that the essence of such judgments was that modern democracy is based on the idea of popular sovereignty, that is, on the need to create such a system of state-legal relations that would ensure the primacy of law in all spheres of social relations and enable the people to exercise their right to be the source and basis state power precisely because of various forms of political participation in the state management of the country, one of which is participation in the exercise of judicial power.
 It has been determined that the views of thinkers in support of forms of people's power boil down to the fact that the right to limit state power is recognized as an inalienable, natural human right that belongs to them from birth. Therefore, people's power itself is one of the means related to the system of checks and balances, and therefore helps not only the normal functioning of state authorities by exercising control over the actions of their representatives, but also the direct exercise of power by the people, which thereby helps to ensure the principle of popular sovereignty.
 It has been established that today the practice of applying forms of direct democracy is significantly ahead of theoretical developments in this area. This very issue is voluminous, and at the same time there are a large number of gaps and contradictions in the possibility of constitutional consolidation of new forms of people's rule.

Mediation in Criminal Proceedings in Kazakhstan and Foreign Countries: Comparative Legal Analysis

Objective: the purpose of this study is to consider the essence of mediation in criminal proceedings and determine its characteristics in the foreign legal system to improve national legislation.
 
 Theoretical framework: theoretical materials were based on international scientific publications, reports, and scientific papers. And also for a more complete and objective presentation of the problem being studied, practical materials from criminal cases were used.
 
 Method: is a dialectical method of understanding general patterns and particular manifestations of the essence of phenomena of objective reality. The comparative legal method made it possible to qualitatively study foreign legislation from the point of view of legal regulation of mediation in criminal proceedings, especially the experience of France, and in this regard, implement it into national legislation. The logical method made it possible to analyze the mechanism for implementing mediation in criminal proceedings and identify its components that need improvement.
 
 Results and conclusion: mediation relieves the parties from the formal procedures inherent in judicial proceedings, from coercion, without which the exercise of judicial power is unthinkable. The personal participation of the parties in resolving the dispute, their joint search for a way out of the conflict, awareness of the need to find a mutually acceptable condition within the framework of law while respecting the legitimate interests of each party allows them to appreciate the meaning and significance of the law in their everyday life, provides experience in lawful behavior and a legal way out of conflict situations.
 
 Originality/value: the value of the study lies in the fact that, on the basis of theoretical and legal analysis and the study of practical experience, it seems possible to improve the mechanism for implementing mediation in criminal proceedings in national legislation.

Участь громадськості як ключовий принцип відкритості судової влади: генезисні та глобалізаційні аспекти

Annotation. The article analyzes the historical-legal and recent globalization trends in the development of the principle of public participation as a factor of judicial openness. It was established that open governance guarantees transparency, accountability and openness of government, while simultaneously increasing opportunities for citizen participation. It has been proven that it is in demand in the exercise of judicial power. The genesis aspects of the formation of the judiciary were characterized by the fact that the parties to the process depended on the favor of the rulers for the right to participate in the courts: not all individuals were authorized to file lawsuits, testify, serve as a professional or public assessor, even the right to be a plaintiff. The author singled out historical aspects of the development of the openness of the judiciary: overcoming the selectivity of the participation of individuals in the process; development of the accessibility of the judicial process for all without discrimination on various grounds; spreading the openness of judicial information as a means of achieving the legal educational function of the government and a way of preventing crime; the direct connection between the development of the principle of openness and the development of political human rights. The existence of two concepts of the understanding of open justice is motivated: a quick and public trial, based on the norms of law, which are highlighted in the Bill of Rights of the United States of 1791, and the fairness and accessibility of the court, which is highlighted in the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. The global trends of changes in public participation in the judiciary under the influence of the development of the information environment are indicated. The latter provides wider opportunities for access to the court. The openness of the court is not only the main demand of people for judicial work, but also a channel for demonstrating judicial justice. The following problems of the modern stage of legal support of the principle of court openness have been identified: the complexity of guaranteeing (a combination of legal and technical mechanisms) the information availability of the judiciary; providing the latest opportunities for judicial information analysis by overcoming the classic selective approach by using the data systematization method.

Implementation of the principle of people’s power: doctrinal principles

The publication examines the doctrinal principles on the forms of direct democracy and the existing problems regarding the exercise of power by the people. Based on the historical perspective of the analysis of European legislation in this area, ways of improving the Basic Law of Ukraine are proposed.
 It was established that, despite the insignificant and contradictory support of the thinkers of the ancient world and the Middle Ages regarding the need to recognize the right of the people to cancel the legislative acts of the representative bodies of the state, this idea received significant development precisely in the era of the New Age, when the proclamation of people’s rule was accompanied by the establishment of parliamentarism, the authority and trust of which is constantly fell among the common people. It has been proven that the essence of such judgments was that modern democracy is based on the idea of popular sovereignty, that is, on the need to create such a system of state-legal relations that would ensure the primacy of law in all spheres of social relations and enable the people to exercise their right to be the source and basis state power precisely because of various forms of political participation in the state management of the country, one of which is participation in the exercise of judicial power.
 It has been determined that the views of thinkers in support of forms of people’s power boil down to the fact that the right to limit state power is recognized as an inalienable, natural human right that belongs to them from birth. Therefore, people’s power itself is one of the means related to the system of checks and balances, and therefore helps not only the normal functioning of state authorities by exercising control over the actions of their representatives, but also the direct exercise of power by the people, which thereby helps to ensure the principle of popular sovereignty.
 It has been established that today the practice of applying forms of direct democracy is significantly ahead of theoretical developments in this area. This very issue is voluminous, and at the same time there are a large number of gaps and contradictions in the possibility of constitutional consolidation of new forms of people’s rule.

일본의 사법 근대화와 청국의 영사재판권 행사 문제

Yokohama is the largest treaty port in modern Japan, and more than half of the foreigners who lived there were Chinese. This paper reviewed the exercise of Japanese legal rights over the Chinese and the issue of consular jurisdiction of Qing China.
 The series of treaties signed by Japan with Western powers stipulated “unilateral consular jurisdiction,” which was extended to extraterritorial jurisdiction. Based on this perception, the inequality of the treaty is limited to Western powers. However, the exercise of consular jurisdiction by Qing also shows that Japan's legal rights have been violated under the treaty of 1871 between China and Japan. In terms of infringement and restriction of jurisdiction, the “formal equality” of the treaty between Qing and Japan eventually had a similar effect to the ‘unequal treaty’ with the Western powers. Furthermore, the implementation of the Qing’s pre-modern trial system became a double difficulty for Japan, which was pursuing judicial modernization along with the revision of the unequal treaty.
 Japan sought to expand the exercise of Japanese jurisdiction over foreigners as much as possible in the process of operating the current treaty. Prior to the establishment of the Qing’s consulate, Japanese law was partially implemented to Chinese. Furthermore, even during the period of the Qing’s consular trial, the exercise of judicial power over Chinese was attempted by using the Qing’s lack of modern judicial system. However, as long as the consular jurisdiction was prescribed, such attempts had clear limitations. In addition, Chinese in Japan took full advantage of Japan's modern judicial system and at the same time took an active action to gain an advantage in disputes with the Japanese through consular trials. This situation strengthened Japan's awareness of the issue of the ‘unequal Treaty’ and pushed for an unequal treaty of Japanese superiority within East Asia.

Formation of Information Legal Relations in the Field of Justice

The article substantiates that under the influence of the active introduction of digitalization tools in judicial activity, which have acquired special significance in the conditions of the coronavirus reality, a special type of sectoral legal relations is formed – information legal relations that are formed in the course of the administration of justice. The purpose of the research is the theoretical substantiation of the existence of information legal relations in the field of the administration of justice as a separate type of information legal relations. The purpose of the research has determined the need to set and solve the following scientific tasks: to study the views of leading representatives of legal science on the legal nature of justice in its relationship with the right to judicial protection; to substantiate the existence of a special type of legal relations that arise in the course of the administration of justice as a form of the exercise of judicial power; understanding the impact of the COVID-19 new coronavirus pandemic on the development of electronic and digital justice institutions. Within the framework of this study, both general scientific (analysis, synthesis, method of system analysis, etc.) and special legal (formal-legal, comparative-legal) methods of cognition were used, which allowed to achieve the goal and solve the tasks set. According to the results of the conducted research, it is proved that the intensive introduction of end-to-end digital technologies in the judicial sphere allows us to conclude about the active formation of information legal relations in the field of justice. The conclusion is made about the expediency of studying the legal features of information legal relations in the field of justice, the system of legal and individual regulation of these relations from the perspective of the theory of integrative legal understanding in order to develop practical recommendations for solving problems that arise in the activities of courts due to the use of end-to-end digital technologies.

The Canonical Norms on the Judicial Examination or Interrogations: Their Purpose, Implementation, and Non-Observance

The judicial examination is the session at which questions are posed by the judge or another instructor to a summoned party, witness, or expert, and the responses are received and recorded by the notary. It is an essential element of the judge's exercise of judicial power and a central component to the orientation of the trial to the discovery of the truth. Observance of the norms governing it is necessary for a just and legitimate judicial process. Those norms stated in the Code of Canon Law and reiterated in the instruction Dignitas connubii require, in brief, the citation of the deponents to appear in person (usually at the tribunal), instruction of them about the obligation to state the truth, the swearing of an oath in most causes, identifying and questioning them individually by the judge with the assistance of the notary, the recording of the responses by the notary under the direction of the judge, and a review and signing of the record. While there are some legitimate exceptions to these norms, it is illegitimate for a tribunal to replace the ordinary method of interrogation with the prejudicial gathering of statements, the solicitation of written statements, the use of video conferencing or telephone interviews, and interrogation in the absence of a notary or by a non-judge or non-auditor. Observance of the correct procedure in this matter should weigh upon the conscience of the bishop moderator of the tribunal.

Digitalization of the state-legal space exercise of judicial power: cybernetics and judicial activity

Digitalization of the state-legal space exercise of judicial power: cybernetics and judicial activity

INDEPENDENCE OF BUDGET MANAGEMENT TO REALIZE THE INDEPENDENCE OF JUDICIAL INSTITUTIONS

The Supreme Court in carrying out the function of judicial power is carried out independently so that it is not possible for intervention from other parties that can affect its function. However, the independence of the Supreme Court has not been fully strung together in accordance with the concept of independence in the exercise of judicial power. This can be seen in the Supreme Court's budget, the amount of which is still determined by the government. This condition will certainly affect its independence, because the budget is a support for the Supreme Court in carrying out the functions of judicial power. In this discussion, the method used is normative juridical. The benefit of this research is that it can become a reference for the Supreme Court to form an independent budget pattern so that it can carry out its functions independently. The conclusion of this study is that the Supreme Court has not been able to carry out its functions independently as outlined in Article 24 paragraph (1) of the 1945 Constitution, so it is necessary to change regulations by aligning the rules so that the Supreme Court can prepare its budget independently.

On the Issue of the Object of Criminal Offenses against Justice under the Criminal Law of Ukraine

The article formulates some initial conceptual provisions regarding the content of the generic object of criminal offenses against justice. In particular, the authors have defined the main groups of public relations which should be protected by the norms of the section on liability for criminal offenses against justice, based on the legal nature of these relations. It is substantiated that procedural activity, at whatever stage of the proceedings it is carried out, has a single task, regulated by a single procedural legislation. Therefore, it is impossible to divide the criminal law protection of these relations into the norms of different sections of the Special Part of the Criminal Code of Ukraine. It is argued that the activity of judicial proceedings and the activity of execution of court decisions are inextricably linked, which determines the expediency of their criminal protection by the rules of one section of the Special Part of the Criminal Code of Ukraine. Accordingly, it seems appropriate to define the generic object of criminal offenses against justice as «public relations that ensure the procedure established by law for the administration of justice and the execution of court decisions». It is substantiated that public relations regarding the jurisdictional activity of the Constitutional Court of Ukraine, given the legal nature of this body, are components of the generic object of criminal offenses against justice. In particular, this conclusion is based on such a defining characteristic of this body as that it is a specific judicial body, not included into the system of courts of general jurisdiction, which combines the functions of justice, constitutional control, official interpretation of the Constitution of Ukraine, protection of constitutional rights and freedoms of the individual. The generic object of criminal offenses against justice does not cover organizational and managerial relations arising in connection with the exercise of judicial power, including the jurisdictional activities of the High Council of Justice.

Vývoj trestání deliktu rouhání a urážky Boha v českých zemích

The article deals with the issue of the crime of blasphemy and insult to God in a wide time horizon, from the beginnings of the spread of Christianity to the middle of the 20th century. In addition to historical developments, it also maps the factual nature of these offenses and their entrenchment in criminal codes. It reflects the relationship between church and state and their mutual intersections in the exercise of judicial power. The article further analyzes the development of criminal law protection of the church. The greatest attention is paid to medieval and modern (Theresian and Josephine) legislation.

ESSENCE, CONTENT AND MAIN FEATURES OF THE JUDICIARY

The article considers the essence, content and main features of the judiciary. Different approaches of domestic and foreign scholars to the definition of the concept and content of the judiciary are analyzed. It is determined that the judiciary in a democratic state governed by the rule of law, in essence, belongs to the system of democracy. It ensures the realization of the most important constitutional rights and freedoms of man and citizen, the rights of communities and the people as a whole. The democratic foundations of the organization and functioning of the judiciary (the presence of juries, the independence of judges, the adversarial nature of the parties) make it possible to consider it as a “special channel for the exercise of people’s power”. The Constitution of Ukraine, along with the consolidation of the signs of statehood for the judiciary, with its norms introduces in more detail the principle of the primacy of democracy in the exercise of judicial power. It is noted that such concepts as “judiciary”, “judicial system”, “justice” are related, but not identical. It has been established that the judiciary, by its purpose and functions, has a special advantage among other branches of government, as there is no such activity of the state that would not be subject to judicial control. The jurisdiction of the court extends to all legal relations arising in the state. In the system of counterbalances, the judiciary is endowed with a legal opportunity to influence the decisions and actions of the legislature and the executive, to “balance” them. These powers are fully exercised by the courts in the administration of justice. The main features of the judiciary are identified, which are exclusivity, independence, completeness, subordination, unity, independence, enshrined at the constitutional and legal level and interconnected and interdependent. It is noted that the constitutional modernization of the judiciary in Ukraine, which is not yet complete, should be based on understanding its essence and content, to improve the judicial mechanism of protection of citizens, the role in the development of legal and democratic statehood. The creation of a dynamic and effective judiciary is a prerequisite for the stabilization of the entire state system, the successful integration of our state into the legal field of civilized countries, the key to its progress.

THE CONSTITUTIONAL RIGHT TO A JURY TRIAL AND A FAST TRIAL: THE EXPERIENCE OF THE UNITED STATES

The article is devoted to the consideration of the constitutional right to a trial by a jury, as well as the right to a speedy trial in accordance with the provisions of the Sixth Amendment to the US Constitution. It is noted that as of today in Ukraine there is a question of ensuring the actual (real) participation of the people in the administration of justice and the creation of an appropriate mechanism for the realization of such a right of the people. It is established that the permanent evolution of the jury trial in the world as a full-fledged element of participatory democracy allows us to assert the possibility of applying the best foreign experience in this area and for Ukraine. It is noted that the jury trial, which is typical for the United States, is undoubtedly a consequence of the borrowing of English legal customs, but has its own special features. It has been established that the right to a speedy trial should be distinguished from other constitutional rights, as it concerns the interests of society and the justice system more than the interests of the accused. The circumstances that suggest whether a trial is in fact "fast" are rather vague, as each such proceeding is to some extent unique. The requirements for members of the jury are set out in the Jury Selection Act. It is noted that the release of jurors varies depending on the state. One of the grounds for such dismissal is professional activity. For example, doctors, lawyers, public figures, police or firefighters. At the same time, this practice is gradually ceasing to be natural. It is concluded that the jury trial as a form of public participation in the administration of justice is undoubtedly a democratic legal institution. Direct democracy in the exercise of judicial power, which is carried out in compliance with the principles of publicity and adversarial proceedings promotes the establishment of citizens' faith in the fairness of judicial decisions.

ПРАВОЗАЩИТНАЯ ФУНКЦИЯ СУДЕБНОЙ ВЛАСТИ В АДМИНИСТРАТИВНОМ СУДОПРОИЗВОДСТВЕ: ИНСТИТУЦИОНАЛЬНЫЙ И ФУНКЦИОНАЛЬНЫЙ АСПЕКТЫ

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.