Status Of Judges Research Articles

THE STATUS OF JUDGES AND PROSECUTORS IN ROMANIA, ACCORDING TO THE LAW NO.303/2022. THE ADMISSION TO MAGISTRACY

The issuance of Law no. 303/2022 on the status of judges and prosecutors in Romania aimed, on the one hand, at harmonizing the legislation on Romanian justice with the European recommendations formulated within its monitoring mechanisms, on the other hand, with the decisions of the Constitutional Court of Romania issued regarding the old regulation, which criticized it for legal uncertainty.

The Moral Principles Guiding the Judge’s Activities (Illustrated by the Life Journey of A. F. Koni)

The year 2024 commemorates the 180th anniversary of the birth of Anatoly Fedorovich Koni (1844–1927), a prominent lawyer, prosecutor, statesman, and public figure in post-reform Russia during the latter half of the 19th century. In this context, it appears fitting to reconsider the legacy of this iconic individual, whose life journey serves as a compelling testament to the challenging process of shaping and advancing the principles upon which the trial currently rests. The aim of this study is to uncover the attributes of the present-day incorporation of A. F. Koni’s moral and ethical principles within the domestic legal framework. Research methods. This study was based on general scientific methods (analysis and synthesis, etc.) and methods of legal science (historical-legal, formal-legal). The study is based on the theoretical works of domestic specialists who have studied the A. F. Koni’s legacy. Study results. The moral concepts of A. F. Koni were formulated in the Constitution of the Russian Federation, wherein the fundamental tenets of administration of justice are enumerated: independence, irremovability, inviolability of judges, and openness of court proceedings. Moreover, the judge’s moral and ethical requirements coined by A. F. Koni were mirrored in the Law of the Russian Federation No. 3132-1 on the Status of Judges in the Russian Federation dated 26 June 1992. The Code of Judicial Ethics adopted in 2012 gains particular importance in the context of the analysis of A. F. Koni’s legacy. This document consistently and comprehensively outlines the principles of professional conduct for judges, as well as their involvement in activities pertaining to the advancement of law and legislation, implementation of legal practice, etc. It appears imperative to conduct further examination of A. F. Koni’s moral and ethical concepts to enhance the existing legislative instruments regulating judicial activities.

Independence of judges as a constitutional principle and deontological basis of the judicial profession

A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.

Judicial Discretion, Judicial Errors and Disciplinary Responsibility of Judges: Current Issues

This article analyses the concept of miscarriage of justice in the context of disciplinary responsibility of judges. In the first part of the article the author proves the necessity and inevitability of judicial discretion as a tool to ensure the consistency of legal regulation, and also raises the problem of the limits of judicial discretion. It is argued that disciplinary measures should be applied only in exceptional cases, otherwise the independence of the judge will not be ensured. With this in mind, the second part of the article defines the relationship between the concepts of “disciplinary offence” and “miscarriage of justice”. The provisions of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” as well as legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation devoted to this issue are considered in a theoretical-legal and historical-legal key. On the basis of their analysis, the author distinguishes between ordinary and gross miscarriages of justice. The final part of the article examines the objective and subjective sides of a miscarriage of justice and proposes the attributes, if any, which may be grounds for bringing a judge to disciplinary responsibility. Particular attention is paid to analysing the sign of systematicity, which is often used in judicial practice. The definition of a miscarriage of justice is formulated, which is proposed to be enshrined in Article 12.1 of the Law of the Russian Federation “On the Status of Judges in the Russian Federation”.

Termination of the Resignation of a Judge for Violations Committed by Him in the Еxercise of His Powers: Some Problems of Law Enforcement

One of the significant guarantees of the independence of judges is their right to resign. In turn, this guarantee will be effective provided that termination of resignation for violation of legislation and (or) the Code of Judicial Ethics, the commission of defamatory acts, violation of established prohibitions and restrictions will be applied in exceptional cases with strict observance of procedural norms, and the grounds for termination of resignation established by law will have signs of legal certainty. One of the legally established grounds for termination of resignation, which, according to the author of the article, does not have such a characteristic, is the identification after the judge's retirement of violations committed by him in the exercise of the powers of a judge, which are the basis for imposing disciplinary penalties in the form of early termination of the powers of a judge. The purpose of the study is to analyze the law enforcement problems of terminating the resignation of a judge for violations committed by him in the administration of justice. The objectives of the study are to demonstrate the lack of uniformity in the interpretation and application of the relevant provisions of the Law on the Status of Judges on the basis of the decisions of the Supreme Court of the Russian Federation and the qualification boards of Judges, as well as to formulate proposals aimed at solving these problems. The main method of research was the general scientific dialectical method of cognition, within which universal scientific methods were used: analysis and synthesis, induction and deduction, formal-logical and systematic. The formal legal method and the method of legal modeling were used as private scientific methods. The result of the study is the proposals made by the author, the implementation of which will lead to the formation of uniform judicial practice, ensure fairness and predictability of decisions made against retired judges, and, ultimately, will ensure an appropriate balance between the principles of independence of judges and the inevitability of responsibility for violations committed by them in the administration of justice.

FOREIGN LANGUAGE COMMUNICATIVE COMPETENCE OF FUTURE AND CURRENT SPECIALISTS IN THE LEGAL SPHERE, PUBLIC ADMINISTRATION AND LAW ENFORCEMENT AGENCIES AS A COMPONENT OF GENERAL PROFESSIONAL COMPETENCE

In the context of globalization, the foreign language communicative competence of lawyers and police officers becomes especially important. Such competence allows for a better understanding of the persons when they do not speak the native language of the lawyer or the police officer. The study aims to identify cases where foreign language communicative competence has a special significance for lawyers and police officers. The research employs analysis, synthesis, generalization, and formal-structural methods. The paper examines a set of norms regulating the use of foreign language communicative competence by lawyers and police officers in civil, criminal, administrative, and economic legal proceedings. The study analyzes the necessity of proficiency in a second, non-native language based on various legislative acts, including the Constitution of Ukraine, the Law of Ukraine "On Security Activities," the Law of Ukraine "On the Judiciary and the Status of Judges," the Law of Ukraine "On the National Police," the Law of Ukraine "On the Bar and Legal Practice," and the Law of Ukraine "On Notariate." A positive aspect of criminal procedural legislation is noted regarding the requirement to ensure the competence of a translator when involved in criminal proceedings.

Some issues of disciplinary responsibility of judges: experience in Uzbekistan and abroad

This article examines in detail the principles of disciplinary liability of judges, the procedure for initiating disciplinary proceedings against a judge, types of disciplinary sanctions and their application, as well as the procedure for appealing decisions on the application of disciplinary sanctions, based on the experience of advanced foreign countries. The author analyzes the need to adopt the Law of the Republic of Uzbekistan “On the status of judges in the Republic of Uzbekistan”, taking into account the positive experience of foreign countries. In addition, the article develops substantiated proposals aimed at improving theoretical and legal documents on the disciplinary liability of judges.

Early termination of a judge's powers as a measure of legal responsibility: problems of legal regulation and law enforcement

The subject of the study is the theoretical, legislative and practical application problems of the early termination of a judge as a measure of legal responsibility. According to the authors' opinion there are several problems: the lack of scientific and legislative unity on the issue of the sectoral nature of this measure; the unsystematic, uncoordinated nature of legislation and law enforcement practice; the apparent discrepancy of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (hereinafter - the Status of Judges) which regulates the grounds and procedure for the early termination of the powers of a judge and the practice of its application to the fundamental principles of legal responsibility.The aim of this article is to make recommendations aimed at improving the legal regulation and practice of such a legal liability measure as early termination of the power of the judge.The methodology. The main method of research is the general scientific dialectical method of cognition, using universal scientific methods: analysis and synthesis, induction and deduction, formal-logical and systemic. The specific scientific methods are applied: the formal legal method, the methods of legal modelling and the methods of forecasting.Main results and field of application. The authors concluded that the early termination of a power of judge, for whatever reason, is related to his or her illegal behaviour. It should be explicitly recognized as a measure of legal responsibility in the Status of Judges. It is necessary that the legal grounds for judge early termination meet the requirements of legal certainty. The application of this measure is based on the fundamental principles of legal responsibility: justice, humanism, legal equality, proportionality of the sanction to the degree of social danger of the act committed, individualization of the punishment, etc. The Status of Judges and the Regulation on the functioning of the qualification collegium of Judges should be supplemented by legal provisions governing the procedure for applying to a judge early termination as a measure of legal liability that does not involve the commission of a disciplinary offence. A fair, public and adversarial procedure must be used to ensure that judges in the high and medium courts can terminated early. The rules for this procedure must be laid down in federal constitutional law.Conclusions. The implementation of such proposals would lead to the formation of legislation and the law enforcement practice, consistent with the main principles of legal responsibility and the basic provisions of its theory. It would guarantee the fairness and predictability of decisions towards judges. Ultimately it would ensure an appropriate balance between the independence of judges and their accountability for gross and systematic violations incompatible with the status of judges.

Constitutional Court of Ukraine - reform in the direction to European integration of Ukraine

It is indicated that a number of issues arising in connection with the activity of the Constitutional Court of Ukraine need to be resolved: 1) the num­ber of judges, 2) the amount of their financial sup­port in the conditions of martial law; 3) the term for which judges are appointed; 4) appointment procedure; 5) issues of the KSU Regulations; 6) issues of the Scientific Advisory Council of the KSU, etc. Since the KSU is the only body of constitution­al jurisdiction in Ukraine, questions regarding the reform of its structure and activity do not interfere with relevance, sometimes gaining great public res­onance. From a practical point of view, the ques­tion of the decisions made by the Court regarding their constitutionality and the possibility of appeal is important, because the mistakes made by judges create an unacceptable situation in the legislation of the country. Illegal dismissal of KSU judges by decree of the President of Ukraine, whose authority is currently not included, also becomes relevant.
 It is proposed to make comprehensive changes to some provisions of current legislation of Ukraine relating to the activities of the CCU (Articles 148, 151-2, 106 of the Constitution of Ukraine, Articles 9, 10, 11, 21, 30, 33, 41 and 75 of the Law of Ukraine "On the Constitutional Court of Ukraine”, to Article 46 of the Law of Ukraine” On the Judicia­ry and the Status of Judges ", to paragraphs 5, 22 and 23 of the Regulations on the Scientific Advisory Board of the CCU) in order to optimize the activities of the CCU.
 І consider it expedient: 1) to allow the President of Ukraine to appoint the Chairman of the CCU to resolve uncertainties and contradictions (to amend Part 4 of Article 33 of the Law of Ukraine "On CCU” and Article 148 of the Constitution of Ukraine), 2) to improve Art. 9, art. 21 of the Law of Ukraine "On CCU” and paragraph 22 of Art. 106 of the Con­stitution of Ukraine and where it is clear that the President of Ukraine appoints to office the entire CCU with the consent of the Verkhovna Rada of Ukraine, and dismisses him by decree "On dismiss­al of judges of the Constitutional Court of Ukraine”. This will determine the full influence of the Presi­dent of Ukraine as the guarantor of the Constitution of the whole state, as well as ensure the proper functioning of the CCU; 3) amend paragraph 22 of the Regulations on the Scientific Advisory Board of the CCU to clarify the costs of its activities, and add paragraph 23 on the termination of the sta­tus of a member of the Council; 4) supported the proposal of V.O. Gergeliynyk to approve the Rules of Procedure of the CCU by the Verkhovna Rada of Ukraine, which is currently approved by the Court itself and thus contradicts Art. 153 of the Constitu­tion of Ukraine, which states that the procedure for organizing and operating the Constitutional Court of Ukraine, the status of judges of the Court, the grounds and procedure for appealing to the Court, the procedure for consideration of cases and exe­cution of decisions are determined by the Consti­tution of Ukraine and law. Deadlines have been set (two months for studying the materials of the con­stitutional petition (appeal) at the preliminary pre­paratory stage), which now begin their countdown from the moment of constitutional proceedings.

Norms of international law regarding the prevention of crimes of genocide committed by the Russian Federation in the war against Ukraine

The article examines the norms of international law regarding the prevention of crimes of genocide committed by the Russian Federation in the war against Ukraine. The essence and specifics of ensuring the implementation of current provisions and norms of international criminal law regarding criminal prosecution for the commission of crimes of genocide against Russia as an aggressor state, a sponsor of terrorism, its top political and military leadership and the military, who directly commit these crimes in the beginning of February 24, 2022, were considered. full-scale war against Ukraine. It is established that the crimes of genocide are crimes against the security of humanity committed with the intent to destroy, in whole or in part, any national, ethnic, racial or religious group as such by: a) killing members of such a group; b) causing serious bodily injury or mental disorder to members of such a group; c) deliberate creation of living conditions for such a group, designed to bring it to its complete or partial physical destruction; d) implementation of measures aimed at preventing childbirth within such a group; e) forcible transfer of children of this group to another group. The scientific developments and provisions of the current legal norms of the International Convention on the Prevention of the Crime of Genocide and its Punishment, the Rome Statute of the International Criminal Court, as well as the criminal law of Ukraine were studied with the aim of the need for the immediate ratification by the Parliament of Ukraine of the legal norms of the International Criminal Court and their implementation into the criminal legislation of Ukraine and Law of Ukraine “On the Judiciary and the Status of Judges” in English”.
 The author formulated reasonable proposals for improving the criminal legislation of Ukraine in accordance with the norms of international criminal law, as well as the criminal prosecution and punishment of the highest political and military leadership and the military of the Russian Federation, who directly commit crimes of genocide in the war against Ukraine.

Regarding the maximum age for holding the position of a judge

The article is devoted to the study of the problem of establishing age restrictions for persons holding judicial positions and their impact on the quality of justice in Ukraine.
 It is shown that in modern conditions of martial law in Ukraine, there is an acute shortage of judges, which negatively affects the state of judicial administration. One of the factors leading to this is the automatic termination of judicial powers by persons who have reached the maximum age of holding the office of a judge established by law.
 It has been proven that the age of a judge, more than 65 years old, under the condition of proper mental and physical health, is rather an advantage, rather than a disadvantage compared to judges of a young age, given the acquired experience and high professionalism.
 A comparative analysis of the norms of the current legislation regarding age restrictions for the positions of judges and other authorities was carried out. Based on the study of the experience of foreign countries, a tendency towards a high age limit for the position of judge in order to terminate their powers was revealed.
 It was established that the most acceptable for Ukraine is the experience of the USA, where there are no age restrictions for holding the position of a judge.
 It was concluded that holding the office of a judge without age restrictions contributes to the elimination of the personnel shortage of judges, the preservation of an experienced and highly professional corps of judges.
 Attention was drawn to the fact that the forced dismissal of a judge on the basis of an age limit bears signs of discrimination in the labor sphere.
 It is proposed to make appropriate changes to the Constitution of Ukraine and the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the removal of restrictions on the tenure of a judge by age and the establishment of control over the state of their mental and physical health. To do this, stipulate the duty of judges (regardless of their age) to undergo medical examinations once every five years, including in drug and psychiatric institutions, and to attach to the materials of their judicial file documents of the established form on the state of physical and mental health.

Disciplinary liability of judges under item 3 of article 106 of the Law of Ukraine "On Judiciary and the Status of Judges".

Disciplinary liability of judges under item 3 of article 106 of the Law of Ukraine "On Judiciary and the Status of Judges".

Disciplinary liability of judges under subparagraph (a) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges»

Based on specific examples (in particular, from the case law of the Grand Chamber of the Supreme Court), the author highlights which offenses of a judge are qualified under subparagraph (1) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges». The author emphasizes that subparagraph (a) provides for three separate grounds for disciplinary liability of judges (1) unlawful refusal to administer justice (including unlawful refusal to consider claims, appeal and cassation claims on the merits, etc; (2) significant violation of procedural law in the administration of justice, which made it impossible for participants in the trial to exercise their procedural rights and fulfill their procedural obligations; (3) significant violation of procedural law in the administration of justice, which led to a violation of the rules on jurisdiction or composition of the court). Pursuant to that three separate grounds for bringing a judge to disciplinary liability, this article reviews the cases in which the behavior of judges was qualified as an unlawful refusal to administer justice (in particular, unlawful refusal to consider claims, appeal and cassation claims on the merits); or significant violation of procedural law in the administration of justice, which made it impossible for participants in the trial to exercise their procedural rights and perform their, was recognized by the High Council of Justice. This article will be useful not only for disciplinary inspectors and judges, but also for complainants, as it will help them understand which violations of Law are considered being perspective in terms of appealing against the conduct of a judge to the High Council of Justice. Key words: disciplinary liability of judges, significant violation of procedural law, unlawful denial of access to justice, impossibility for litigants to exercise their procedural rights and fulfill their procedural obligations, violation of rules on jurisdiction or composition of the court.

DISCIPLINARY ACTION AGAINST JUDGES ACCORDING TO SUBCLAUSE “B” OF CLAUSE 1 OF ARTICLE 106 OF THE LAW OF UKRAINE ON THE JUDICIARY AND THE STATUS OF JUDGES

Using specific examples (in particular from the practice of the Grand Chamber of the Supreme Court), the research analyzes and describes which offenses by a judge are classified under subclause “b” of clause 1 of Article 106 of the Law of Ukraine On the Judiciary and the Status of Judges (omission to include the reasons for accepting or rejecting the arguments of the parties on the merits of the dispute into the court decision). 
 Research papers have been reviewed and information regarding the development and current state of this issue has been provided. 
 Controversial issues of applying this ground for disciplinary action have been considered. Based on statistical data, the dynamics of its implementation have been traced.
 The paper will be useful not only for disciplinary inspectors and judges but also for complainants since it will help understand which specific violations are prospective in terms of appealing a judge’s behavior to the High Council of Justice under subclause “b” of clause 1 of Article 106 of the Law of Ukraine On the Judiciary and the Status of Judges.

The Status of Judges: Intergovernmental Work on the Evaluation of Issues Relating to the Judges of the echr

The Status of Judges: Intergovernmental Work on the Evaluation of Issues Relating to the Judges of the echr

Judicial reform in Ukraine: the certainty of a categorical apparatus

The article highlights normative-legal and theoretical-methodological approaches to understanding the legal categories and concepts of judicial reform in Ukraine.
 It is established that the judicial reform, first of all, needs appropriate scientific support, in particular with regard to the clear definition of its subject and the development of a conceptual and categorical apparatus, given the lack of a clear regulatory and legal definition of a number of important terms, primarily such as «judicial system», «judicial authority», «justice system», «judiciary», which are repeatedly used in the development of relevant reformation provisions.
 The purpose of the article is to establish the concept of the relationship of legal categories relevant to the judicial reform through the prism of legal analysis of normative-legal and theoretical-methodological approaches to their understanding and their further development.
 It is also established that the current legislation of Ukraine does not contain a normative legal definition of such definitions as «judiciary», «judicial authority», «judicial system», «justice», «justice system», even though it actively uses them, carrying out legal regulation of relations in the field of the judiciary and the status of judges. In scientific legal literature, these terms are sometimes used without specifying their definition, given the close connection between them and meaningful interdependence, forming a synonymous line from them. Simultaneously, to comply with the subject of reformation provisions to such criteria as logic, rationality and non-contradiction, the need to distinguish between these terms has been proven, having identified the appropriate criteria for such a distinction.
 According to the results of the legal analysis of legislative and doctrinal approaches to solving this problem, the expediency of recognizing the category «justice system» as a comprehensive legal category, which will include the judicial system and the systems of other legal institutions related to the judicial authority (Public prosecutor’s office, Bar, enforcement of decisions), which functionally ensure its implementation, is substantiated. It is proposed to rename Chapter VIII of the Constitution of Ukraine to the «Justice System», given that the administration of justice requires the proper organization of judicial power, its implementation by courts and ensure by specially authorized bodies and institutions, which in their totality and interrelationships constitute the justice system, which includes institutional, functional elements and organizational aspects.

Independence of the courts and judges in Germany and the Land ofThuringia in the light of the case law of the Court of Justice. Casestudy analysis of the reference for a preliminary ruling broughtby the Landgericht Erfurt in the case of A.G.E. p. BAG (C-276/20)

On the basis of the pending case A.G.E. v. BAG (C-276/20) before the CJEU, the author attemptsto present the issue of the independence of the judiciary and independence of judgesin the Federal Republic of Germany with the emphasis on the regulation of the Free State ofThuringia. The axis of the problem is the question of whether the Erfurt Regional Court isconsidered to be a "court" within the meaning of Article 267 TFEU and thus the admissibilityof a question for a preliminary ruling. The point of reference will be the existing case law of theLuxembourg Court, in particular the judgment in VQ v. Land Hessen (C-272/19). The analysisof the reference for a preliminary ruling prompts interesting comparative considerations betweenthe Polish and German (federal and Thuringian) regulations on the status of judges, includingtheir appointment and promotion. The aim of the article is to show the German court'sdoubts regarding the interference of the legislative and executive powers with the principle ofjudicial independence. The article may prove interesting in the context of the ongoing heateddiscourse on the rule of law and changes in the judiciary in Poland.

ПУБЛІЧНЕ АДМІНІСТРУВАННЯ В ДІЯЛЬНОСТІ СУДОВОЇ ГІЛКИ ВЛАДИ

In accordance with the current legislation of Ukraine, the state provides funding and appropriate conditions for the functioning of courts and the activities of judges, which provides for a separate determination in the State Budget of Ukraine of expenses for the maintenance of courts not lower than the level that ensures the possibility of full and independent administration of justice in accordance with the law. In Ukraine, there is a single system of ensuring the functioning of the judiciary - courts, bodies of judicial governance, other state bodies and institutions of the justice system. This means that the functioning of the judicial branch of power is impossible without the functioning of the system of authorized state bodies defined by laws and other legal acts, as well as other subjects when they exercise public-power management functions on the basis of legislation, including the implementation of delegated powers to carry out public administration, the purpose of which is the organization, coordination and practical activities of persons exercising administrative powers aimed at ensuring the proper functioning of the judiciary as a whole. For this purpose, the article analyzes the works of scientists who researched the issue of management relations and the activity of public court administration, as well as the provisions of the Laws of Ukraine «On the Judiciary and the Status of Judges», «On Civil Service», the Code of Administrative Procedure of Ukraine, which made it possible to clarify the circle of subjects of power and non-power authority, as well as to determine the system of ensuring the functioning of the judiciary. In view of the analyzed legislative and other regulatory legal acts, it is emphasized that in certain cases, subjects of public administration can also act as subjects of public administration. It was concluded that the organizational and administrative activities of public administration are carried out by a wide range of subjects of public administration, whose activities are regulated by laws and other normative legal acts and are aimed at effective support of the work of courts (judges).

The place and significance of the judicial system in the law enforcement policy of the state

The article examines the question of the place and importance of the court in law enforcement policy due to the lack of a unified approach to this issue in modern legal literature. It is noted that this leads to ignoring the true essence of the judicial system and its importance in the development of an effective law enforcement policy of the modern state. At the same time, one can criticize the fact that courts and judicial bodies do not belong to the law enforcement system of Ukraine and it is not possible to talk about any law enforcement policy of the judicial system. That is why appropriate explanations about the meaning of the court in modern conditions, based on the realities of our future (post-war) life, and in the conditions of military confrontation, are necessary. That is why the purpose of the article is to determine the place and clarify the role played by the court in law enforcement policy in Ukraine. It is established that the court as a body of judicial power performs a law enforcement function through the relevant powers to implement the function of legal protection established by normative legal acts. Examples of the participation of the judicial system in the formation of law enforcement policy of the state are considered. It is concluded that the implementation of the legal positions of the Supreme Court, as well as the activity of the Constitutional Court of Ukraine in recognizing unconstitutional norms of law, allow to ensure the protection of citizens’ rights by the state through the judicial system. In addition, in accordance with part 6 of art. 13 of the Law of Ukraine «On the Judiciary and the Status of Judges», conclusions regarding the application of legal norms set forth in the Supreme Court’s rulings are taken into account by other courts when applying these legal norms. In our opinion, these are all elements of law enforcement policy on the part of the judicial system, which is implemented in legal positions on the interpretation of legal norms, which allow protection of the rights and freedoms of people and legal entities. These areas of activity of judicial bodies as a whole affect law enforcement policy, both directly within the scope of their activities and through interaction with other law enforcement bodies (National Police, Prosecutor's Office, Customs, persons and bodies that execute court decisions, etc.) on the republican and international level levels, which allows to coordinate and improve law enforcement procedures, to produce the most effective means of protection and protection of the rights and freedoms of citizens.

Juvenile victim in criminal proceedings: ensuring the right to representation and communication

The juvenile victim is one of the least protected participants in criminal proceedings, in connection with which the doctrine proposes to provide by law for cases of mandatory participation in the process of the victim's representative to protect the rights and legitimate interests of the juvenile victim. Also expand the list of cases where the court may decide to consider criminal proceedings in closed session, including criminal proceedings in which the victim is a minor and expand the content of specialization of judges in criminal proceedings against minors, including criminal proceedings in which juvenile victims are involved.
 We also believe that lawyers who represent the interests of children should be educated and aware of children's rights and related issues, receive ongoing and in-depth training, and be able to communicate with children at their level of understanding.
 In our opinion, criminal proceedings in which a minor is a victim should be carried out by a judge authorized in accordance with the Law of Ukraine “On the Judiciary and the Status of Judges” to conduct criminal proceedings against minors.
 We believe that there may be cases (for example, violent criminal offenses) when re-examination in court may be excessively traumatic for the juvenile victim. In such a case, such a victim should not be knowingly subjected to secondary victimization by an appropriate judicial action. It is possible to interrogate a minor victim with the participation of the court during the pre-trial investigation in order to properly procedurally record his testimony, which can be used during the trial, according to the rules provided for in Art. 225 of the CCP.