Abstract. In accordance with international legal standards in Ukraine, the independence of judges is guaranteed by the Constitution (part one of Article 126). It is prohibited to influence the judge in any way (part two of Article 126 of the Constitution of Ukraine). Also, the first part of Article 129 of the Basic Law of Ukraine states that a judge, when administering justice, is independent and governed by the rule of law.
The article deals with the theoretical and practical basis of implementation of the principle of reliability of information in the field of ensuring access to information. To conduct the research, the author used general scientific and specialized methods of cognition, namely comparative and legal, formal and juridical, method of legal modeling, method of system analysis and others. The goal of the research is to develop theoretical fundamentals which specify peculiarities of implementing the principle of reliability of information.
The article proves the relevance of the study of the administrative and legal characteristics of court decisions in view of modern significance of the solution to this scientific problem, which is determined by the expression of legal reality within the scope of the administration of justice. This will provide an opportunity not only to substantiate the understanding of the phenomenon of justice as a way of exercising judicial power from the point of view of administrative law, but also to identify areas that need improvement.
The article carries out a philosophical and legal analysis of existing approaches to the definition of "transitional justice" and forms the author's position regarding its understanding. Two features of the emergence of the model of transitional justice are singled out: 1) the studied model is built on practical experience, and later became the basis of theoretical studies on transitional justice; 2) this model arises at the initiative of the international community as a reaction to repeated violations of human rights.
The article analyzes the principles of justice as the basis for the functioning of the judicial system. It is noted that in recent years there has been increased scientific interest in the guarantees of the realization of everyone's constitutional right to judicial protection, as well as the theoretical bases and principles (fundamentals) of the administration of justice.
Corruption is a socio-political phenomenon caused by the imperfection of the functioning of state and public institutions.This negative phenomenon permeates all spheres of society and has a negative impact on the development of economic, social and political life in the country, is a threat to national security and statehood, incompatible with the principles of democratic, legal and social order. The need for an uncompromising fight against corruption in a democratic state governed by the rule of law does not need to be proven.
The article considers the concept and characteristics of state coercion in the context of the rule of law, rule of law and legality. The rule of law does not and cannot deny the exercise of coercive influence, but does not recognize coercion that is not based on law. It is noted that in legal science there is no generally accepted approach to the interpretation of state coercion. State coercion is defined differently by researchers. State coercion can be defined as the authorized activity of officials aimed at exercising power in order to comply with and enforce legal acts.
Today, the real requirement of the time is the priority of law over the policy of arbitrariness of power, which determines the structure of any rule of law. The idea of the rule of law is inextricably linked with the idea of the sovereignty of the people, the subordination of the state to society. The implementation of the principles of the rule of law, which in fact limits itself to human rights and freedoms, the rule of law, as a general humanistic value, lead to the expansion of private law regulation, which arise mainly between civil society, providing conditions for its functioning.
In general, democracy should be understood as a political form of government in the state, exercised by the people or directly (direct democracy), or indirectly through elected representatives (representative democracy). The analysis of foreign literature made it possible to generalize the signs of democracy. However, it is stated that they are purely formal. It is the quality of these institutions that reflects the reality of democracy. A separate analysis of the basic principle of democracy - the rule of law.
The article is devoted to the analysis of sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine. Based on the analysis of the Criminal Code of Ukraine and the positions of scientists, it can be concluded that the court in sentencing should take into account the following provisions of the General Part of the Criminal Code of Ukraine: the provisions of the Criminal Code of Ukraine (Article 1 of the Criminal Code).