EFFICIENCY OF THE COURT SYSTEM IN CRIMINAL PROCEEDINGS: COMPARATIVE ANALYSIS OF DIFFERENT LEGAL SYSTEMS (EU COUNTRIES)
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 77)Publication Date: 2024-07-31
Authors : Duiunova Tetiana; Pivnenko Liudmyla;
Page : 106-112
Keywords : criminal proceedings; court system; court process; court; legal system;
Abstract
Introduction. The effectiveness of the judicial system in criminal proceedings is an indicator of the high level of law and order and justice in the country. The study and comparative analysis of the legal systems of different EU countries aims to reveal the peculiarities of their functioning and improvement of the national judicial and procedural mechanism. This analysis covers various elements of criminal proceedings, including the speed of processing cases, the level of access to justice, the protection of the rights of the accused and victims, as well as the independence of judges. The study also takes into account the influence of socio-economic and political factors on the functioning of the judicial system. Economic stability and the level of funding determine the possibilities of properly providing the judicial system with resources and qualified personnel. Political influence is characterized by the level of independence of judges and the absence of corruption. This indicator affects fair and impartial justice. With this in mind, the authors examine how different EU countries are overcoming the challenges they face and what measures they are taking to strengthen their own judicial systems. Purpose. The purpose of the study is to analyze the effectiveness of the judicial system in criminal proceedings in EU countries with the aim of adapting valuable experience to the domestic legal system. Materials and methods. The research materials are: 1) regulatory and legal bases for ensuring the functioning of the judicial system in criminal proceedings in Ukraine and EU countries; 2) works of domestic authors conducting their scientific and practical research in the field of criminal law and process, in particular regarding the effectiveness of the judicial system in the process of consideration of criminal cases. The following scientific methods were used in the research process: theoretical generalization and grouping (to characterize the components of the judicial process and the functions of the judicial system in criminal cases, as well as to determine the criteria for the effectiveness of the judicial system in criminal proceedings for analysis and comparison); formalization, analysis and synthesis (to build a scheme for forming judicial information on criminal cases in the legal system of EU countries); logical generalization of the results (formulation of conclusions regarding the effectiveness of the judicial system in various legal systems of the EU countries, as well as their role for the domestic judiciary). The results. The results of the study can be used to develop recommendations for improving the national judicial system, increasing its efficiency and ensuring high standards of justice. The proposed measures and recommendations will contribute to reducing the duration of court proceedings, improving access to justice and strengthening the independence of the judiciary. This indicator is an extremely important step for ensuring law and order and justice in Ukraine.
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