Judicial Process Research Articles

Law and Literature: To Kill a Mockingbird as a Legal Thriller

This study carefully analyses J. D. Salinger’s 1951 novel The Catcher in the Rye to investigate the historical and close ties between law and literature. Law and literature both have an impact on societal norms, moral values, and notions of justice. Reading literature promotes critical thinking and empathy and challenges social norms. It serves as a mirror for examining legal ideas and moral quandaries. Literature may explore a wealth of topics related to the nature of laws and how they take preceding decisions into account. This link between law and literature is validated by Harper Lee’s To Kill a Mockingbird. Because of its legal aspects, it becomes an engaging addition to the legal thriller genre. The book is praised for its literary quality, but many find it fascinating as a legal thriller story as well. Due to its in-depth analysis of the legal system and its philosophical take on morality, bias, and justice, it has enthralled readers. Harper Lee’s masterwork goes beyond simple narrative to provide insightful analysis of the intricacies of the contemporary legal system. This research looks at how jurisdictive arrangements are rendered, examining the drama in the courtroom and the struggles of the actors against social injustices. It also demonstrates how the book enthralls readers as a gripping murder mystery in addition to being a literary masterpiece. Atticus’s defence of Tom presents a challenge to the careful scrutiny of the judicial proceedings surrounding Tom Robinson’s trial and the broader societal background of racial tensions in 1930s Alabama. In the book, Atticus stands in contrast to the darkness of prejudice and perverse social ideals as a moral beacon.

О необходимости изучения профильной классической литературы студентами юридических вузов и факультетов

Purpose. The purpose of this article is to substantiate the need for students of legal specialties to study fundamental literary works in order to understand social, psychological and legal categories. It is impossible to imagine the formation of a person without the influence of works of classical Russian and world literature. This article is devoted to the importance, significance and expediency of studying works of fiction that affect the interaction of people and the functioning of society by students of law specialties. Methods: general scientific methods (analysis, synthesis, generalization) and special methods of legal science (comparative law, formal law). Results: education as the foundation of every person›s life and as a consequence of the development of society as a whole is the most important branch of government activity. Legal education, like no other, lays down the moral, psychological and social components of future law enforcement officers. The quality of legal education is based on a balanced combination of knowledge and application of the colossal historical experience of our country, the richest cultural heritage and modern achievements of science, technology and technology. Discussion: the author has developed and proposed the concept of analyzing the plots of classical literary works from the point of view of modern judicial proceedings, including the interaction of participants in the process, evidence, and motivation of decisions. The article proposes a list of works of classical fiction, systematized taking into account the course of study and the disciplines studied within it, from the point of view of the importance of mastering the relevant discipline. The list is arranged in chronological order based on the plot and analyzed legal categories of interest in the framework of the study of a particular discipline. The author›s justification is based on the approach of the author›s criminology course of Professor O.Ya. Baev.

К проблеме допустимости доказательств

This article addresses the issue of the admissibility of evidence in criminal proceedings, specifically focusing on the use of results from operational investigative activities, expert conclusions, and testimonies. Until now, the issues of their legalization and recognition as admissible evidence remain controversial. The relevance of this study is underscored by the need in legal theory and practice to recognize the distinct role of non-procedural information in criminal proceedings, which holds significance for the case, and to develop approaches to its legal interpretation and application, considering the sources and methods of its acquisition. The aim of this publication is to justify the necessity of fully reflecting the results of operational investigative activities and expert studies in the materials of pre-trial investigation and criminal cases for subsequent judicial review. To achieve this goal, a number of tasks are solved, including: analysis of approaches to understanding the stated problem that have emerged in the scientific legal literature, determination of legal ways to solve it within the framework of current legislation. An overview of the procedural process of judicialization is provided, with emphasis on the possibilities of interrogating personnel conducting operational support and specialists performing individual studies, the results of which are then subject to verification and evaluation in accordance with the requirements of relevance and admissibility of evidence. In conclusion, the integration of operational investigative results and expert analyses as admissible evidence in criminal proceedings requires balanced approaches that uphold procedural integrity while accommodating the complexities of modern investigative techniques. By advancing these discussions, policymakers and legal practitioners can foster a more robust framework for evidence evaluation and judicial decision-making.

Determination of a Witness to Be a Defendant in a Criminal Corruption Case

The background for carrying out this research is that there is a rationale for legal claims in order to determine a legal subject of a Witness to be the legal subject of a Defendant directly by the Panel of Judges in an ongoing criminal justice process for criminal acts of corruption, in order to carry out justice or law enforcement more effectively and efficiently, so that substantive justice can be achieved in law enforcement. The methods that have been used in this research are legal actions that allow a Witness legal subject to become a legal subject for the Defendant directly by the Panel of Judges in an ongoing judicial process, normative juridical approach legal research or research that examines legal rules according to library research, and the research specifications are analytical descriptive, and in this research secondary data was obtained. The data collection technique was carried out through literature study, and the data analysis used was qualitative and explained descriptively. This research concludes that in the existing criminal justice system, the legal subject of the Witness can actually be the legal subject of the Defendant in an ongoing trial; it's just that such "determination" is not made explicitly. To determine a witness as a defendant, there are two parties who can take the initiative to determine the witness directly as a defendant in a trial process at a corruption criminal court. Namely the Public Prosecutor, especially the KPK Public Prosecutor. Carried out at the request of the Public Prosecutor to the Panel of Judges.

How sleep and fatigue shape statements in evidence: A psycho-legal perspective

Testimonial evidence in the form of verbal accounts by victims, witnesses, and suspects plays a critical role in investigations and judicial proceedings, often serving as the only evidence during a trial. The psychological nature of testimonies causes this form of evidence to be inherently limited, motivating psycho-legal scholars to identify both risk factors and solutions necessary to improve its reliability. To this end, the current perspective argues that sleep-related fatigue is a formative factor that influences the fidelity of statements and confessions provided during legal interactions. Specifically, it considers the prevalence of sleep disruption among subjects interacting with the criminal justice system, its likely impact on memory of victims and witnesses, and the role of sleep deprivation in confessions. In view of legal doctrines relevant to both evidentiary and constitutional considerations, this analysis is meant to motivate future work at the intersection of sleep-related fatigue and legal processes.

Presidential Threshold in The 2024 Presidential Elections: Implications for The Benefits of Democracy In Indonesia

Elections are one of the Indonesian people's efforts to elect the best leaders as well as the embodiment of a democratic country. The Presidential Threshold (PT) that applies in the 2024 presidential election (Pilpres) is one of the things that has become a polemic in society. This can be seen in several judicial review processes by the public and groups requesting the abolition of the threshold. With normative research and conceptual and legislative approaches relating to elections in general and presidential elections in particular, this research questions its benefits. The benefit in question is the benefit that returns to the community in particular and the government system that is formed. Through literature study and qualitative analysis, the results showed that the existence of PT contradicts the wrongful benefits and ḍarūrī in the nation's life and democracy. This means the people are limited in choosing presidential and vice-presidential candidates who truly suit their wishes. The nation's best sons and daughters are limited in their rights to nominate themselves as leaders because of the PT. Furthermore, the ruling party has a tremendous opportunity to control the presidential system, both at the legislative and executive levels, and this is undoubtedly contrary to the benefit itself.

THE ROLE OF THE SUPREME COURT IN ENSURING THE OBSERVANCE AND RESPECT FOR THE RULE OF LAW

The rule of law is the cornerstone of modern democratic legal systems and an important condition for their continued existence. At the legislative level, it has been recognised in Ukraine since the adoption of the Constitution of Ukraine in 1996, and the establishment of democratic values continues to this day. This scientific paper investigates the development and establishment of the rule of law through judicial proceedings to attain its purpose of delivering justice. In most developed European countries, there is a well-accepted legal tradition whereby constitutional jurisdiction takes precedence over general jurisdiction, thus making the Constitutional Court superior to the Supreme Court. However, the legal reality in Ukraine demonstrates a contrary scenario. As shown by the author, the Ukrainian approach, while highly distinctive, does not contradict international principles about the formation of the rule of law through the courts. Furthermore, the principal legislative provisions completely match the criteria of international and European law. Nevertheless, the study concludes that the excessive activity of the Supreme Court appears to be a significant drawback due to its overly extensive case law. For instance, during the first half of 2023, the Supreme Court heard a total of 63 406 procedural appeals and cases, including 5 433 in the sphere of criminal justice and 7 174 taking into account cases and materials not heard the previous year (Верховний Суд, Аналіз здійснення правосуддя). That is the reason why the Ukrainian legal system is confronted with the issue of defining legal certainty, which is one of the key characteristics of sustainable and democratic justice (Consultative Council of European Judges, 2017). The article identifies that not only is this problem currently unresolved by the Ukrainian legislature, but it also emphasises the importance and necessity of defining the status of case law in the country, as well as the influence of the Supreme Court on ensuring the rule of law. According to the author, there are several options available to overcome these challenges which must be handled expeditiously in light of the ongoing war and Ukraine's eventual membership in the European Union. Based on the results of this article, it is proposed to adopt two legislative proposals. First, case law should be recognised as a source of law, namely the legal conclusions established in Supreme Court rulings. Second, these judgments must be published in the determined form to be regarded as a source of law. To clearly identify the Supreme Court decisions containing legal conclusions and serving as a source of law, the study proposes a separate publication of these judgements from others that do not hold such status. For example, they could be published in dedicated documents/collections, etc. specifically designed for this purpose. Moreover, the author concludes that such an instrument already exists, despite the fact that it is not officially recognised as such. According to the results of this research, the Supreme Court's reviews and digests of case law are an illustration of this particular tool.

‘The system is engineered to do this’: Multilevel Disempowerment and Climate Injustice in Regulating Colorado’s Oil and Gas Development

Abstract Continuing to emit greenhouse gases (GHGs) moves our planet closer to crossing critical tipping points, making ongoing development of fossil fuels an act of climate injustice. Yet, the United States has doubled down on unconventional oil and gas (UOG), becoming the top global producer of hydrocarbons. Significant segments of the public resist UOG drilling, mobilizing to limit or stop production due to intersecting climate, environmental, and public health concerns. However, regulatory conflicts complicate the power of public resistance and problematize the role of the state in facilitating industry. UOG production has rapidly expanded with little capacity for public participation in decision-making. We contend this is a climate injustice—where procedural injustices across levels of governance make it difficult for the public to prevent fossil fuel extraction. We examine these injustices across state legislative, judicial, and executive governance processes in Colorado where residents have actively resisted UOG production. We demonstrate how the public consistently faces procedural inequities and power disadvantages across multiple sites and levels of decision-making, resulting in multilevel disempowerment. In this high-stakes context, our policy ethnography illustrates how these multilevel procedural injustices can facilitate rapid expansion of UOG production, where state-sanctioned activities also constitute broader acts of climate violence and injustice.

Come in and See: Translating a Design Pattern from the Courtroom into an Online Environment

Publicity is one of the core principles in procedural law and a fundamental right related to due process. During the COVID-19 pandemic, Chilean courts held judicial proceedings online and streamed them to comply with the publicity principle. One case especially sparked the interest of the public: a man was accused of seven sexually connotated crimes, trialled online and the hearings live streamed on social media. In this article, we approach the publicity of a court proceeding as a design pattern. We apply conceptual analysis to procedural law, social media studies and organization studies to (1) investigate the different materializations of the “come in and see” pattern; (2) analyse the factors that affect the translation of a design pattern from one domain (legal) to another (digital). Our focus is on a design pattern in the law, called “come in and see”, used whenever procedures and actions require legitimization by people. We argue that publicity in a courtroom is enacted by allowing people to step into a courtroom while allowing people inside an online trial has unintended and unwanted consequences. The case analysis shows how the “come in and see” is a context-dependent pattern whose effect is determined by the surrounding architecture and institution.

Criminal Acts Against the Judicial Process (Contempt of Court) According to the New Criminal Code about the Right to Immunity of Advocates in Court

The birth of the new Criminal Code brought nuances of renewal in the world of justice in Indonesia. However, it also caused upheaval and differences of opinion regarding regulating several aspects of criminal law, including regulating Criminal Acts Against the Judicial Process (Contempt of Court). The regulation of Contempt of Court actions in the new Criminal Code raises pros and cons in society, including advocates who often intersect with the judicial world. The existence of several articles regulating multi-interpretive contempt of court actions is considered to threaten the existence of the Advocate's Right to Immunity in Court. This study aims to analyze the regulation of the Contempt of Court criminal acts regarding the right to immunity of advocates in Court. The research method used is normative legal research using an analytical descriptive approach. This study found that the articles of Contempt of Court in the new Criminal Code, which are multi-interpretive, can limit the space for advocates to express opinions and defend themselves before the court. If these articles are not interpreted properly and correctly, they can become a medium for criminalization by specific individuals against advocates in court.

New Cross-Border Standards of Conduct for Arbitrators in International Arbitration

The paper deals with topical issues of improving the regulation at the international level of the rules concerning the conduct of arbitrators in international commercial and investment arbitration. Two new documents are highlighted: the Code of Conduct for Arbitrators in the Settlement of International Investment Disputes, prepared by the working group of the United Nations Commission on International Trade Law (UNCITRAL), and the 2024 edition of the guidelines of the International Bar Association (IBA) regarding conflicts of interest in international arbitration. The Code of Conduct for Arbitrators is applied in the framework of International Investment Dispute (IID) proceedings, but may be applied in the framework of proceedings in any other dispute by agreement of the parties to the dispute. Along with the requirements for the independence and impartiality of arbitrators, the Code introduces restrictions on the simultaneous performance of several functions, as well as establishes obligations to exercise diligence, conduct proceedings in good faith and competently, not delegate their decision-making responsibilities, maintain the confidentiality of proceedings; the requirement for the reasonableness of arbitrators’ fees, as well as provisions governing the role of tribunal assistants. The IBA Guidelines on Conflicts of Interest in International Arbitration are the most popular source of «soft law» among the sets of rules of international origin governing the impartiality and independence of arbitrators. It is often used in arbitration and judicial proceedings in various legal systems when considering issues related to the assumption of the functions of arbitrators, their appointments and challenges. The novelties introduced into this Manual, taking into account the 10-year practice of applying the previous edition, expand the list of circumstances to be disclosed, clarify a number of statements.

Influence of Social Media on Court Decisions in Blasphemy Cases

This research aims to conduct an in-depth analysis of the influence of social media on judges' decisions in religious blasphemy cases in Indonesia. In the context of the digital era, social media has become the main arena where public opinion is expressed, discussions develop, and information spreads quickly. Cases of religious blasphemy often create waves of controversy and debate on social media, widening their impact in society. This research uses a qualitative approach to analyze how social media influences the judicial process, from its role in shaping public opinion to its possible influence on arguments presented in court. Through analysis of social media content and a study of significant religious blasphemy cases, this research aims to understand the extent to which opinions and pressure generated by social media can influence judges' decisions. It is hoped that the results of the analysis will provide a deeper understanding of the challenges faced by the justice system in facing the pressures and expectations of an increasingly dominant digital space, as well as provide a basis for improving justice policies and practices that are more adaptive to social and digital dynamics.

ABUSE OF PROCEDURAI RIGHTS BY ADVOCATE (ON THE EXAMPLE COMMERCIAL AND ADMINISTRATIVE PROCEEDINGS)

The article is devoted to the study of the problem of abuse of procedural rights by advocate on the example of commercial and administrative proceedings. The relevance of the chosen topic is substantiated and attention is drawn to the fragmentary nature of the coverage of the indicated issues in the scientific literature. The approaches formulated in the scientific literature and judicial practice regarding the understanding of the concept of «abuse of procedural rights» are presented. there are approaches. It is suggested that abuse of procedural rights by an advocate should be understood as actions committed by a lawyer within the framework of a judicial process that formally correspond to the norms of the procedural law, but do not correspond to its conceptual ideas, and are not intended to create an obstacle in the activity of the court or other persons. We consider the following as additional signs of abuse of procedural rights by the advocate: 1) a person who abuses procedural rights has a special status – an advocate; 2) the presence of procedural rights, which are abused by the advocate, are determined by his provision of legal aid and participation in the court process; 3) may result in prosecution not only of the advocate, but also, for example, of the bar association in which the advocate works (about which judicial practice has already been formed in the decision of the Supreme Court dated 14.07.2022 in case No. 755/11559/16-ts); 4) damages the prestige of the entire institute of advocacy. It is proposed to supplement Part 1 of Art. 43 of the Rules of Advocate Ethics. As part of our research, attention will be paid to the abuse of procedural rights by the advocate. The choice of this particular aspect of the specified issue is determined by several reasons: 1) the existence of rare cases of such abuse by advocate; 2) significant dissonance in the public consciousness, which arises due to the abuse of procedural rights by a advocate, which is due to the fact that a advocate must be a model of behavior as a representative of the legal profession and must comply not only with the current substantive and procedural legislation, but also with the Rules of Аdvocate Ethics; 3) creation of a significant threat to the authority of the entire institute of advocacy.

PROBLEMS OF ESTABLISHING KEEPING ONE FROM MARRIAGE IN THE CONDITIONS OF MARITAL STATE IN UKRAINE

The study highlights the difficulties associated with establishing spousal support under martial law in Ukraine. A comprehensive analysis reveals the problems that individuals may face when exercising their right to receive material support from the other spouse who is a member of the Armed Forces of Ukraine. The purpose of the article is to highlight the current challenges and peculiarities associated with establishing spousal support under martial law in Ukraine. The article states that the obligation to pay alimony is one of the most important institutions of modern family law in Ukraine. Its importance is due to its fundamental role in ensuring the protection and stability of family relations. Alimony obligations to support spouses, based on both legal and moral values, serve as a cornerstone for maintaining social equality in society. It is established that family law establishes moral standards for material support of spouses, while recognising the limited scope of state provision of such needs. This dual approach reflects the balance between legal obligations and practical aspects of family relations. Family law recognises the importance of mutual support and care among family members, but also acknowledges the reality that public funds may not be sufficient to meet their needs. It is substantiated that spousal support in a marriage relationship is mutual, where the financial well-being of each partner is intertwined with their financial situation. Recognising the vulnerability that can arise when one of the spouses is unable to earn an income, the law seeks to ensure that persons in such circumstances are not left without the necessary financial assistance. It is established that the conditions of martial law in Ukraine pose significant challenges in the field of family law, in particular with regard to spousal support, especially when one of the family members, in particular a husband, is mobilised to the Armed Forces of Ukraine. In particular, there are problems with the payment of state financial support to such persons, which may have a negative impact on the timeliness of receiving financial assistance by the person in need of support. The author gives an opinion as to whether a person who has failed to pay spousal maintenance in a timely manner should be held liable, given that such a person, being a military officer, was not provided with a timely allowance for military service. It is noted that there are certain aspects of the judicial process in cases of establishing maintenance for one of the spouses when the other is mobilised and serves in the Armed Forces of Ukraine. This study highlights the urgent need for a special approach to the consideration of cases on the establishment of spousal maintenance under martial law. Although the fundamental principles of equality and justice remain unchanged, the realities of wartime require individual approaches that take into account the unique challenges faced by both payers and recipients of spousal maintenance. Therefore, the problems described above underline the need for further scientific research into the theory and practice of establishing spousal maintenance under martial law in Ukraine.

Marine environmental governance for nuclear pollution: From the perspective of China's response to Japan's Fukushima nuclear wastewater discharge

The global discourse surrounding the Japanese government's decision to release wastewater resulting from one of the most catastrophic nuclear crises in human history into the ocean has sparked intense deliberation within the international community. It is thus observed that the release of Fukushima nuclear wastewater has triggered a series of legal disputes, particularly in China, which has taken a firm stance against this action. Within China's legal circles, there has been a spirited dialogue on strategies from both international and domestic aspects to protect marine governance outcomes and safeguard the interests of Chinese citizens and enterprises in response to this matter. Accordingly, this article examines various international directives governing nuclear wastewater discharge. It asserts that, given the anticipated legal conflicts related to marine governance, exclusive reliance on the international legal framework may prove inadequate for China's response. Consequently, in response to the adverse impact of Japan's nuclear wastewater discharge into the ocean by 2023, this article posits an alternative approach rooted in China's domestic legal system and the perspective of judicial proceedings. This approach underscores the importance of precisely and adaptively applying specific legal provisions governing nuclear wastewater discharge and compensation claims, both domestically and internationally. To this end, China's endeavors should prioritize the enhancement of regulations pertaining to nuclear wastewater discharge, along with the establishment of systems such as a public welfare fund and subrogation mechanisms. Moreover, it is advisable that China augments its judicial authentication system and public interest litigation system to ensure the effective implementation of these measures.

"Reflecting back" on public participation in the judicial appointment of the South African Chief Justice?

After more than two decades of South Africa's democracy, the significance of the reform of the judiciary is grounded in the process of judicial appointments to restore its public credibility from South Africa's tainted past. Such reform is now constitutionalised through the establishment of the Judicial Services Commission (JSC) which serves as a focal point in the restoration of such confidence in the judiciary. The JSC's processes seek to ensure the rebuilding of public confidence which entails, amongst others the legitimacy of judicial appointments that should be reflective of gender and racial composition as envisaged in the Constitution 1996. However, the public has since weighed heavily on the criteria and discretion exercised by the JSC on its judicial appointment processes. The debates were intensified by President Ramaphosa's unprecedented reform to involve public participation and establishment of the advisory panel in his constitutional role of the nomination process of the Chief Justice. The President opened an opportunity for a pool of eligible candidates to be recommended for his consideration after they were determined and sifted by the advisory panel. The last four candidates were recommended by the panel and after their interviews, the JSC recommended Justice Mandisa Maya as Chief Justice for appointment by the President. Instead, the President appointed Justice Raymond Zondo as Chief Justice and Justice Maya as Deputy Chief Justice which raised debates and questions on the exercise of this constitutional discretion. The purpose of this article and its focus and limitation is to examine the role of public participation and the establishment of the advisory panel in the nomination process of the Chief Justice. It raises questions about whether public participation does not amount to the representative form of democracy in judicial appointments. In addition, it will restore trust, credibility, and confidence and extend the protection of the judiciary from unjustified attacks from the members of the public. In turn, the value of the credibility of the recommendations of the JSC as a constitutional structure in the judicial appointment processes. Therefore, the paper argues that public participation in the nomination of the Chief Justice is an indirect intrusion of the representative form of democracy in judicial appointments. Public participation is also unlikely to make a significant contribution to the protection accorded to the judiciary by the Constitution. If the President could "water down" the JSC's recommendation, there is uncertainty towards the strive for the attainment of transformative ideals of the new democracy.

Judicial Proceedings Must Be Weighted Instead of Just Counted

Judicial Proceedings Must Be Weighted Instead of Just Counted

Kasus Fidelis Ditangkap Dan Ditahan Atas Kepemilikan Batang Ganja Untuk Pengobatan Sang Istri Ditinjau Dari Aliran Realisme Hukum

Legal realism is a school that does not agree with the existence of precedents (the existence of ties between a judge's decision and previous judge's decisions in dealing with similar issues). And understanding legal realism views the law as an advocate views the law. For an advocate, the most important thing in looking at the law is how to predict the outcome of a legal process and what the future holds for these legal rules. The school of legal realism actually hopes for the role of judges in realizing justice, so that in certain cases judges do not always adhere to the provisions contained in legislation only (rule-responsive), they also need to look at the situation that actually occurs in practice (fact-responsive). In this case, it seems that the judge took into account the existence of legal realism by assessing the facts that prompted Fidelis to commit a crime (possessing 39 marijuana stalks) for the treatment of his wife, so the judge imposed a sentence on Fidelis that was far from the minimum threat. And criticism of the school of legal realism was also raised regarding matters relating to its views on the judicial process. In this case, criticism is raised against the Normative statement and the concept of "logic", whereas the realist emphasis is only on difficult cases. Keywords: Ownership of Marijuana Stems, Treatment of the Wife, Legal Realism

LINGVOKRIMINALISTIK TADQIQNING METOD VA METODOLOGIYASI XUSUSIDA

The practical significance of special fields such as linguo-criminol- ogy, forensic linguistics, court rhetoric, linguistics of the legal language, lin- guistics of law-making, which arose on the basis of the mutual integration of the fields of linguistics and jurisprudence at the world level, is highly ap- preciated. In particular, in the process of judicial investigation, it is of great importance to carry out tasks such as checking and analyzing criminalistic texts in the linguistic aspect, identifying problematic situations and givingthem a legal assessment. This article discusses the methodology of linguis- tic research of texts related to the judicial investigation process. This meth- od plays an important role in text research.

IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION

The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.