Genesis of the legal foundations of the activities of the High Council of Justice as a body to ensure the independence of judgesJournal: Scientific review, Науковий огляд, Научное обозрение (Vol.2, No. 65)
Publication Date: 2020-03-31
Authors : O. A. Borovytskyi;
Page : 28-48
Keywords : the principle of the independence; an independence; a judge; the High Council of Justice;
Based on the analysis of the provisions of international and European standards and national legislation, the genesis of consolidation and ensuring through the creation of special independent bodies the principle of the independence of judges in the legislation of Ukraine is investigated. It is proved that the independence of judges in relation to both the authorities, society as a whole, and the parties to any court case, as the basic principle of the rule of law, is a guarantee of the proper and legal exercise of rights and freedoms, respect for human rights and the impartial application of law. It is substantiated that the proper method of ensuring the independence of judges is to create an independent body, a significant part or majority of which should be judges, to have a decisive influence on the selection, appointment and promotion of judges.
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Last modified: 2020-03-31 18:23:31