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.
The article is devoted to the study of the need to reform the judiciary in Ukraine as an opportunity for further European integration of the state.
An analysis of the stages of reform that took place from 1991 to 2015 to date and highlights their positive and negative consequences.
To clearly understand the research topic, a distinction was made between the concepts of "reform", "reform", "judiciary", "judiciary", "judiciary" and "judicial system", using the rules of current legislation and different views of scholars.
The problematic issues of reforming the judicial system of Ukraine, in particular, the problem of reforming administrative justice in the context of the development of Ukrainian legislation in accordance with European standards. Particular attention is paid to the study of the purpose of justice in general and the purpose of administrative justice in particular. The author also made an attempt to thoroughly investigate the constitutional and other special principles of the administrative process.
Problem setting. The processes of globalization and international European integration in the modern world set a priority task for Ukraine to implement the provisions of the association agreement between Ukraine and the EU. The formation of a political association and a deep and comprehensive free trade area between Ukraine and the EU depends on the successful reform in the field of Law, judicial proceedings and Justice of Ukraine in the context of European integration.
У статті вивчено проблему виокремлення та особливостей видів аргументації в судовому процесі. Досліджено базові знання та навички, якими повинен володіти мовець для ефективного аргументування. З’ясовано фактори, які впливають на цей процес. Визначено місце підготовки та вміння оперувати інформацією як ключових агентів, які впливають на результативність аргументації в судовому процесі, зважаючи на його специфіку. Вивчено макроструктурні елементи аргументативного дискурсу, їх взаємозав’язки та особливості застосування.
The article examines the problems of argumentative practice in legal activity. The emphasis is placed on studying the requirements for speakers as subjects of the judicial process. The factors influencing the effectiveness of argumentation are determined, namely: communication skills and abilities, knowledge, ideas, the value system of the speaker, emotional and psychological state, social status and role in society. The influence of these factors on determining the tactics and strategy of argumentation and selection of arguments is indicated.
The article analyzes the multiplicity of approaches to understanding the concept of "justice" from the theoretical and legal, philosophical and legal and sociological and legal points of view. It is noted that justice and the judiciary are not identical categories, as justice is a broader concept than the judiciary and includes the latter. At the same time, the judiciary does not always guarantee a judicial decision. Therefore, the concepts of justice and justice are not identical, because not every court decision is fair.
It has been found out that the purpose of professionalization of a judge is legal goals,
which envisage state, social, axiological, psychological, organizational aspects, which are at the
same time characteristic both of judicial activity and of the specific features of each component
of the professionalization system. Revealing the legal goals, we must proceed from the
following prerequisites: the national legal system, the state of the judicial system of the state
The article deals with the correlation of the concepts of “right” and “justice”. The peculiarities of their application are investigated. A literary analysis of these concepts is carried out on the subject: identities; identification of differences, the establishment of regularities during their use in legal proceedings and the legal weight of each of them.
Article updated two concepts in their philosophical and legal distinction between “justice” and “justice” that cause at most controversial debates among theorists and practitioners. To this end, the theoretical argument Review eminent scientists, constitutional provisions on justice and justice for the installation of modern approaches to the interpretation of these concepts, their significant semantic differences.