Foundations Of Democracy Research Articles

Testing the Right to Vote in Free, Fair, and Regular Local Government Elections in South Africa: Challenges from the COVID-19 Pandemic

This article uses the doctrinal legal research method to examine the challenges that faced South Africa in preparing for the 2021 local government elections. The health risks posed by the COVID-19 pandemic led the national executive to promulgate emergency health regulations and impose lockdowns to combat the spread of the coronavirus. Inadvertently, these measures threatened the freeness and fairness of the local government elections by restricting political mobilisation and freedom of movement and association. They also led the Electoral Commission to attempt, through an inquiry and a court application, to postpone the 2021 local government elections. The discussion shows that contrary to its contentions on the impossibility of holding the elections in 2021, the Electoral Commission had unwittingly demonstrated that it was well-prepared to mitigate the risk of COVID-19 infections. This article concludes that a postponement of the elections was not warranted and would have led to legitimacy and constitutional crises. It would have undermined the democratic foundation of the South African Constitution and would have unlawfully infringed on the right to participate in free, fair, and regular elections.

Institutional Arrangements and Power Threat: Diversity, Democracy, and Punitive Attitudes

This research synthesizes studies on crime and punishment, work in political sociology, and race and ethnicity scholarship in order to theorize and empirically examine the democratic foundations of group threat theory. We argue that ethnic diversity is particularly threatening when coupled with robust democratic institutions that empower individuals to pose challenges to the extant political and social order. Making use of recent measurement advances in the study of democracy, this article uses multi-level modeling techniques across 39,926 survey respondents in 27 countries from the fifth wave of the European Social Survey to test the extent to which punitive attitudes toward criminals were associated with interaction effects of an index of ethnic diversity and democratic quality. Results strongly confirm our theoretical predictions that robust democratic institutions condition the effect of ethnic fractionalization on punitive attitudes in Europe.

Whom to believe? ‘Alternative’ epistemic authorities as a challenge for democracy

The paper argues that democracy depends on an essential relationship between political authority and epistemic, or as Raz has called it, theoretical authority. The notable loss of trust in established epistemic authorities, such as science and professional journalism, currently observed among sizeable parts of the populations of many democracies, and the loss this implies of a shared understanding of factual realities, deeply affects political authority in a way that challenges the very foundations of democracy.

Logical Polis. The Philosophical Foundation of Democracy According to B. Spinoza

Benedict Spinoza, the seventeenth-century rationalist philosopher, is, according to some authors, the first theorist to offer serious philosophical arguments justifying the idea of democracy as the best (and most natural) political system. Spinoza’s political philosophy is, therefore, one of the first to be examined in today’s political situation, which is often characterized by the phrase “crisis of (liberal) democracy”. This study attempts to capture the philosophical arguments used by Spinoza to support his pro-democratic conclusions, detects his initial assumptions, and illuminates what specifically should characterize a democratic regime in his imagination. Among the primary sources used for this purpose are both those writings of Spinoza that are traditionally understood as political-philosophical (Theologico-Political Treatise and Political Treatise) and Spinoza’s most famous work (Ethics, Demonstrated in Geometrical Order). Although the latter may appear distant from the issue at hand, some of the most strongly formulated relevant positions are found in it. The intention of the present study is twofold: first, to demonstrate on the example of Spinoza’s thought how inextricably the preference for a democratic regime is linked to certain philosophical premises, not only ethical and axiological but also gnoseological and ontological ones; and more importantly, second, to formulate a hypothetical answer that Spinoza would have given to the question of the crisis of democracy and the possibilities of its solution.

On the Issue of Integration of Civil Society Institutions in Preventing Corruption in Ukraine: Administrative and Legal Dimension

The relevance of the subject under study is based on the exponential growth of corruption threats to the effective activities of state and local government bodies, which are the centre of consolidation of the democratic foundations of the social system. The purpose of this study was to position the main existing gaps in the modern administrative and legal dimension of streamlining the mechanisms for involving civil society institutions in preventing corruption torts in Ukraine and methods of their elimination, considering the available practices. To implement the tasks of scientific intelligence, the following methods were used: system analysis, comparative implementation, forecasting, statistical. It was found that changes in Ukraine, both in the economy and in politics, actively affect the production of new relationships, the development of modern relations between public administration bodies and public institutions (associations). It was noted that the constant relationship between state authorities and society is evidence and a guarantee of the socio-legal constancy and evolution of any state since the existing problematic issues of escalation in Ukraine cannot be solved without the full aid of society. At the same time, this also applies to civil society institutions. An integrative study of the function of civil society institutions to prevent corruption torts in public authorities was conducted. Practical proposals were given in terms of solving an entire range of theoretical and practical tasks that will prevent the commission of corruption offences by civil servants. To improve the norms of Chapter 13-A “Administrative offences related to corruption” of the Code of Ukraine of Administrative Offences, proposals were made to amend the following articles: Art. 1724 of the Code of Administrative Offences “Violation of restrictions on co-operation and combination with other types of activities”, Art. 1726 “Violation of requirements of financial control”, Art. 1728 “Illegal use of information that became known to a person in connection with the performance of official or other legally defined powers”. To ensure the effectiveness of anti-corruption institutions, it was proposed to develop and adopt the “Regulation on public anti-corruption associations (institutions) and their powers”. This paper can be useful for a wide range of readers: scientists, law enforcement officials, public anti-corruption institutions, and anyone interested in preventing corruption offences.

The Purpose and the Functions of the Institute of Dissenting Opinion of Judge in the Constitutional Proceeding

At the end of October 2021, the Constitutional Court of the Russian Federation celebrated its 30-year anniversary. Dissenting opinions of constitutional judges was playing an important role in the establishment and development of constitutional justice in Russia, democratic foundations and principles and the protection of human rights. Judges actively used their right to express dissenting opinions. Thus, during the whole period of the Constitutional Court›s work 27 of 32 judges used the right to express dissenting opinions. 418 dissenting opinions were published. However, quantitative indicators do not fully reflect the purpose and role of this institution for the development of Russian law and science. Functions and goals of the legal institute allows to determine its mission in the legal regulation and help to evaluate the effectiveness of its work. In other words, we can understand the purpose for which this institute is built into the relevant legislative regulation. In this article, author identifies the sole purpose of the institute of dissenting opinion in constitutional proceeding: the development of law and the rule of law. By further decomposing the purpose, three groups of functions of this institution are identifi ed: intrasubjective, organizational and external, which are divided into a number of subfunctions. The practice of the Constitutional Court of previous years demonstrates that in the case of granting to a judge the right to express dissenting opinion with its further publication, not only all three groups of functions of this institution are fulfi lled, but also the achievement of the institution's purpose is inevitable. In the current legal regulation, after the 2020 reform, two groups of functions are blocked and are not fulfi lled due to the fact that dissenting opinions are no longer published. This leads to the conclusion that the judge's right to express a dissenting opinion is not properly implemented, and the institution itself is not working effectively.

“It’s fun but at the same time difficult”: Experiences of and perspectives on children’s participation in decision-making processes in Physical Education and Health

Swedish compulsory school education rests upon the foundation of democracy, and the Curriculum for the compulsory school, preschool class and school-age educare 2011 (Skolverket, 2018) stresses that children should have the opportunity to take initiatives. Research shows that children are not able to have any influence on activities in Physical Education and Health (PEH). Usually, they have to follow the teacher’s instructions and reproduce specific movement patterns. This article discusses a research project that challenged traditional ways of teaching PEH, in order to give 10-year-old children the opportunity to have an influence on PEH. The project involved 10 circus lessons in which the children were encouraged to explore movement and put their own ideas into practice. In terms of theory, the approach is based on Hart’s (1997) Ladder of Children’s Participation. Data were collected through participant observations, video observations, interviews, and a field diary. The results show that the children participated in varying degrees and experienced attempts to increase their influence in different ways: Some found it fun and free, while others found it difficult and boring. One important conclusion is that influence and participation need to be practised – both by children and by teachers. Circus activities, because of the playfulness and creativity involved, may be very suited to practising influence and participation.

Functional Potential of the Activity of the NGO Ukrainian Library Association for the Development of Library Studies

The article is devoted to disclosing the functional potential of the Ukrainian Library Association (UBA) as an open professional organization that focuses its efforts on developing librarianship in Ukraine and strengthening the democratic foundations of social development in the country. The use of a set of research methods, the main of which were socio-communicative, systemic and functional methods, as well as empirical methods of inclusive and external observation, led to consideration of ULA and its activities from the standpoint of fulfilling its obligations, its compliance with library community expectations. Implementing certain functions of the ULA and its activities is revealed as a system of interconnected forms and tools that complement each other, enhancing the final effect. The creation of the ULA is considered as a response of the professional community to the need to solve certain tasks and implement a number of functions in relation to the development of the national library business and society as a whole. For the first time, the functioning of UBA as an open adaptive leadership organization that implements organizational, mobilization-motivating, communication-coordination, information, educational, scientific-methodical, consolidating, representative, advocacy, compensatory functions is substantiated. The content of these functions is revealed. The purpose of the compensatory function is to provide libraries with the necessary theoretical and practical basis for the effective implementation of promising areas of activity in the absence of relevant approved guidelines at the national level. It was found that from the beginning of the ULA the statutory documents of the organization did not provide for the implementation of the compensatory function. Still, during the development of the association and expressing its focus on prompt and effective solutions to current problems in library development, its implementation became an important vector of the ULA.

Wolność zgromadzeń w świetle regulacji polskich i wybranych standardów orzeczniczych Europejskiego Trybunału Praw Człowieka

The article is of a research and scientific nature, and its main purpose is to compare Polish legal regulations and case law standards developed by the European Court of Human Rights in the field of freedom of assembly. The analysis of national regulations was preceded by a presentation of the freedom of assembly as the basis of a democratic legal state and by a comparison of the freedom of assembly with the freedom of speech. The analysis of the case law standards of the European Court of Human Rights in relation to freedom of assembly is preceded by a consideration of Article 11 of the European Convention on Human Rights. This issue is supported by the fact that the right to demonstration and public assembly is one of the foundations of democracy, as well as an expression of the existence of civil society and civic activity. The article is a new approach to the research problem.

Some Methodological Problems of Preventing Crimes Against Political Rights in Modern Democratic States (Philosophy-Legal Dimension)

This article is devoted to the problems of prevention of political crimes and crimes against political rights, which were in the focus of attention of the thinkers of the ancient world. The thinkers of ancient Greece developed many methods of preventing political crimes both on the part of representatives of political power and on the part of ordinary citizens. Modern realities demand to return to the problems identified in the ancient period and to consider the problems of preventing political crimes and crimes against political rights in the context of a modern democratic state. The problems of preventing political crimes and crimes against political rights in modern legal, democratic states are particularly acute in the process of forming state elected bodies, that is, in the process of citizens exercising their political rights. Based on a comprehensive analysis and taking into account modern democratic foundations around the world, it is proposed to expand the range of political crimes and, as prevention of one of the cornerstone problems – the problems of preventing political crimes, to provide for criminal and/or constitutional responsibility for (radical) evasion of the election program at the highest legislative level.

The value of official equality: structuring the execution of democratic law

ABSTRACT The executive branch is often conceptualised as a hierarchy in which one official has ultimate authority to carry out the law. In American public law, this is referred to as the ‘unitary’ theory of the executive. That theory is often defended on democratic grounds. However, there are countervailing democratic reasons to give several officials equal authority to implement the law. First, such a condition of ‘official equality’ can remedy the imperfect information about citizens’ judgments any one official holds. Second, official equality respects the plurality of norms that a democratic legal system tends to generate. Third, it gives private persons reason to structure their own relationships on equal terms in ways that support the social foundations of democracy. Fourth, it exhibits the democratic virtues of legislative processes when the implementation of law requires action that is legislative in nature. These reasons together constitute the value of official equality. The value of official equality ought to impact the structures and practices of executive offices within the democratic state.

LEGAL AND ORGANIZATIONAL PRINCIPLES OF PREVENTION OF CORRUPTION IN THE FIELD OF PUBLIC ADMINISTRATION OF UKRAINE

Problem setting. Increased corruption at all levels of government has led to a significant minimization of the efficiency and performance of the entire system of political institutions, negatively affected the socio-economic well-being of the population, hampered the foundations of democracy, rule of law and civil society, created a real threat to Ukraine's national security. Therefore, the problem of preventing and combating corruption in the field of public administration is relevant and needs to be addressed immediately.
 Recent research and publications analysis on the prevention and combating of corruption in public authorities and local government shows a significant interest of scientists (N. Armash, K. Babenko, Y. Bisaga, A. Horowitz, K. Dubich, L. Campbell, I. Kerusauskaite, M. Kornienko, V. Tertyshnyk, S. Lazarenko, N. Lord, M. Melnyk, F. Mendes, A. Novak, S. Rose-Ackerman, I. Skobina, A. Stevanovich, V. Trepak, J. E. Foster, I. Shvydkyi and many others) to improve mechanisms to combat corruption in Ukraine. However, despite numerous studies and effective proposals to overcome this destructive phenomenon in the public sector, this problem remains unresolved.
 Goal setting. The purpose of this article is to find effective legal and organizational tools to combat corruption in public administration in the conditions of the modern development of the Ukrainian state.
 Paper main body. During the years of independence, corruption has taken root at all levels of government and in many spheres of society, which was facilitated by political, economic, socio-psychological, organizational and managerial reasons. In addition, numerous forms of corruption were institutionalized into informal destructive institutions (nepotism, cronyism, patrimonialism, clientelism, favoritism, etc.), which led to the establishment of clan governance practices and leveling any prospects for state development.
 Based on the analysis of legal and organizational principles of preventing corruption in public authorities and local self-government, the authors propose a number of effective tools to combat corruption in the sphere of public administration, including, for example, high-ranking officials’ reports on their wealth and income through e-declarations, the institution of whistleblowers, control by anti-corruption bodies and public organizations over the wealth of those in power, the integrity of civil servants, anti-corruption activities of the media and anti-corruption education.
 Conclusions of the research. In order to optimize the current anti-corruption mechanisms, we consider it appropriate to take into account such factors as comprehensive rule of law and improvement of anti-corruption norms in order to prevent gaps and avoidance of legal liability for corruption, ensuring transparency of all management processes as well as transparent use and disposal of budget funds, adherence to the principles of openness and accessibility of information on the activities of public authorities and local self-government and ensuring effective interaction between public authorities and civil society organizations, a fair justice system, independent media and an active civil society.

The COVID-2019 Pandemic as a Catalyst of the Potential Loss of Democratic Foundations of Society’s Social Life

The pandemic-2020 has come quite unexpectedly despite the repeated warnings from WHO. It turned out that the infection’s spread in all countries of the world and the new-how to resist it depends on the ability to mobilize national system of health protection. So, on the quality of the provided medical service, on the accessibility to all levels of the society and on the ability of countries’ governments to provide with proper regulation of social life self-isolation, on-line work and quarantine regimes became the most effective tools in the world. It demanded the appropriate control mostly based on new technological solutions. Remote work and the possibilities of modern technologies to track and identify people may get elaboration after the end of the pandemic-2020. There is a great possibility to lose a part of democratic freedom of society due to using new systems of social life control in order to increase countries functioning effectiveness as the main units of a polycentric model of the world order. It is emphasized that polycentrism should lead neither to the totalitarianism of power nor to the loss of democratization of social life. The government should promote this process by increasing the effectiveness of its activity not substituting it for total control based on ICT.
 
 Received: 15 July 2021 / Accepted: 12 October 2021 / Published: 5 November 2021

DEFINITION OF THE CONCEPT OF «DEFAMATION» IN THE COUNTRIES OF CONTITENTAL EUROPE

The article discusses the key issues of the interpretation of the concept of “defamation” in the countries of Western Europe. In a modern social and legal state, considerable attention is paid to the protection of individual rights and freedoms as the foundations of democracy. One of the basic personal rights is the right to personal dignity, protection of honor and reputation. Analysis of the structures of the current legislation, the positions of the Supreme Court, acts of the European Court, as well as classical and newest scientific approaches, defamation is an offense expressed in the dissemination of inaccurate information that violates the right of a legal entity to a business reputation. Honor, dignity, business reputation are constituent elements of such categories as personal moral rights and intangible benefits, in order to ensure the realization and functioning of the rights of which, a well-thought-out, well-coordinated and effective protection mechanism must be produced. Attention is focused on the fact that for the proper operation of such a mechanism, it is necessary to determine, first of all, the protected object, what are its features and boundaries that need to be regulated by law. Indeed, in the case of securing an incomplete list of protected in the legislation, fixing in the norms not all signs of the protected or the presence of gaps in the regulation of this legal relationship, the potential for abuse of the right or misinterpretation of its norms arises. National laws define in different ways whether the burden of proof lies with the plaintiff or the defendant. It is concluded that defamation is one of the unlawful acts that infringe upon honor, dignity and reputation and requires further study in the practice of the European Court. In dealing with defamation cases, courts always need to find a compromise and strike a balance between freedom of expression, freedom of thought and speech, and protection of dignity, honor and reputation.

PHILOSOPHICAL AND METHODOLOGICAL FUNDAMENTALS OF REFORMING HIGHER EDUCATION IN THE WORKS OF V. VERNADSKYI

The article deals with philosophical and methodological fundamentals of reforming higher education in the works of V. Vernadskyi in the early 20th century. It undoubtedly has the important ideological and methodological significance for directions and values of modern transformation of Ukrainian higher education in the era of mutual influence of globalization of educational space and reproduction of the original national educational tradition in the conditions of state-building. The aim of this article is to identify principles of reforming higher education in the scientific works of founder of the Ukrainian Academy of Sciences V. Vernadskyі. The tasks of this article are perform an analysis the philosophical and educational views V. Vernadskyi and explain their influence on the learning process in universities; to identify the relationship between the normative principles of higher education V. Vernadskyi and pedagogical and philosophical thoughts of other scientists for the formation of a global educational space. Research methods are structural-functional, socio-cultural and comparative approaches in their dialectical unity. Research results: V. Vernadskyі has been proved that the fundamental regulatory principles of improvement in higher education, according to the Ukrainian researchers, are: rationality, scientificity, democratization, humanization of education, spiritual and cultural learning of the world and lifelong learning in combination with the classical model of the university. It has been determined that during educational process in higher educational establishment, it is advisable to take constantly into account the results of the latest research in compliance with deep democratic foundations. Conclusion. The transformation of higher education in the work of V. Vernadskyi is closely connected with the general planetary tasks of the existence of future humanity. It is the processes of world life that play a global role for the entry of humanity into the noosphere, are reflected in the qualitative changes of higher education.

The Democratic Foundations of the Just City

The Democratic Foundations of the Just City

Allal Al-Fassi’s Utopia: Liberalism and Democracy within the Revivalist System of Thought

This paper examines the political writings of the Moroccan nationalist Allal Al-Fassi (1910-1974). It argues that there exists a considerable political tendency in these writings with excessive utilisation of jargon related to liberalism and political theory. In his intellectual and political project, Al-Fassi theorises about the possibility of creating a modern state on solid democratic and liberal foundations. Yet, however legitimate and seemingly liberal his theorisation might seem, the paper argues that the formation of a liberal state and a democratic society appears to be a mere dream given the fact that Al-Fassi grounds his conceptions within the Salafist and revivalist intellectual systems. Reading between the lines of his political works, nevertheless, reveals the dominance of Salafist intellections which deem the past and Islam as restorative in attaining a modern renaissance, at the political, economic, and cultural levels. This work, thus, problematizes three central points: the political tendency of Al-Fassi’s project, his religious and Salafist remnants and conceptions, and finally the possible ideological implications and interests that Al-Fassi seems to defend.

ANALYZING THE PLATFORM ECONOMY – FEUDALISM, MEDIEVALISM AND COLONIALISM AS USEFUL FRAMEWORKS

The platform economy challenges existing economic systems, social interactions and participation as well as the very foundation of democracy. As data is replacing labor as the central economic good, economy, society, class structures and democracy might change fundamentally. Or we might experience old wine on new bottles. Karl Marx famously said that history tends to repeat itself, first as comedy, later as tragedy. In this panel we ask, whether history is repeating itself? The panel’s speakers employ different historical perspectives but focus mainly in two periods: medieval times and the age of colonialism. Both periods were characterized by a strong correlation between a certain economic system and the exercise of political power. Structured inequalities in systems of labor, trade and distribution of wealth had significant consequences for the distribution and (re)production of political power. Medieval and colonial societies were each based on logics of exploitation and dominance, ideologically legitimized by references to first God, later the nation, what Marx would have referred to as the superstructures of economic logics. In this systems, individual agency and possibilities were limited compared to today. In medieval society it was hard to change the estate in which you were born, in colonial times it was hard to change your role in the international system. And the fixed structures were basically grounded in economic logics.

가짜뉴스 등 허위사실 표현에 대한 형사적 규제와 그 헌법적 한계

In a free democracy, the constitutional freedom of the press and publication holds a great significance. However, in case exercising the right to freedom of the press and publication infringes upon other basic rights or undermines the constitutional order, it is subject to a certain level of limitation. This is clearly stated under Article 21(4) of the Constitution of the Republic of Korea, and Article 37(2) of the Constitution also stipulates legal limitations on such freedom under the Principle of Limitation of Basic Rights.<BR> While the expression of one’s personal opinion and the publication of specific facts is legally guaranteed under the right to the freedom of the press and publication, the scope of its guarantee or limitation will differ depending on whether it is an expression of opinion or communication of a fact, and also depending on the factuality of the content.<BR> In particular, when a person expresses one’s opinion, which is an individual’s subjective view, or when a person communicates an objective fact while expressing one’s view, such freedom of the press and publication should be fully protected. However, the expression of falsified facts, or fake news, is not guaranteed on an equal level under the right to the freedom of the press and<BR>publication.<BR> For, while the freedom of the press and publication serves to uphold the foundation of democracy by allowing the free formation and circulation of opinions, the publication or statement of false facts fails to serve such function. Furthermore, such falsified content is likely to defame another person, undermining personal rights and even causing social confusion.<BR> Due to the above mentioned reasons, expressing or circulating false facts such as fake news is regulated by the Constitution as well as other legislative provisions. For example, there are non-criminal regulations like the press arbitration or civil liability compensation. Also such offense may be subject to punishment for defamation under the Criminal Act, or punishment for publication of false facts under the Public Officials Election Act, as well as other criminal regulations. Countries with advanced legislative systems such as Germany or the United States have long implemented both criminal and non-criminal legal actions on the expression of falsified facts, or fake news, based on the countries’ historical, social, and cultural backgrounds. Nevertheless, in imposing criminal punishment, greater scrutiny is required than non-criminal punishment, in that there is a higher possibility of limiting or infringing the constitutional freedom of the press and publication. Under the current law, legal provisions on criminal punishment applicable to the offense of publicizing false facts include defamation under the Criminal Act; defamation under the Information Communication Network Act; publication of false facts under the Public Officials Election Act; and fabrication and circulation of false facts under the National Security Law.<BR> However, concerns have been constantly raised that such criminal regulation may result in violating the constitutional right to freedom of the press and publication. Therefore, it is necessary to compare the current criminal punitive system with foreign judiciaries with advanced legislative systems such as Germany and the United States, and conduct a thorough study on practical cases in order to determine whether there is a violation of the Constitution.<BR> As a result of this study, punishing a defamer under the Criminal Law for circulating false facts may involve abuse of the National Penal Power, due to the issue of “vagueness” of the ‘intent to defame others’ and the condition of No Punishment against Will. In punishing the offense of publication of false facts under the Public Officials Election Act, there is a possibility of violating the Principle of Proportionality due to the de facto mandatory invalidation of election under the mandatory minimum sentence. Punishment for fabricating and circulating false facts under the National Security Law may also infringe upon the Principle of Proportionality due to the uniform and high statutory sentence without distinction on the level of offense. Therefore there is a need to improve current legal provisions to resolve possible issues of constitutionality.<BR> Furthermore, with the increasing level of damage on the victims of fake news, there is a growing argument to introduce new legislation to impose criminal punishment on expressing false facts that cause social conflict and confusion, which previously has not been subject to criminal punishment. While such legal action is deemed necessary, excessive criminal regulation may result in infringing on the freedom of the press and publication. Therefore such legal measures require thorough review to ensure that such measures are introduced on a minimum necessary scale. In conclusion, both the existing criminal regulation and newly introduced legal measures must guarantee the freedom of the press and publication, while contributing to safeguard the constitutional values of personal rights, social order, as well as national security.

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.