rule of law

The Principle of Justice as a Requirement of Judicial Procedure

In order to find law, its instrumental component, i. e., the rules of law, are not law by themselves (this position is advocated by foreign researchers). What determines law is its functional component, i.e., the procedure of application to different people and different situations. The doctrinal changes in approaches to understanding the essence of legal proceedings and their purpose, the transition to the principle of adversarial proceedings could not affect both the process of judicial cognition and its results.

Defender as a Participant in Criminal Proceedings During Searches and Temporary Access to Items

The article examines the legal status of a defense attorney in criminal proceedings, particularly their role during searches and temporary access to items. Searches and the seizure of evidence represent one of the most intrusive interferences with citizens’ rights; therefore, the participation of a defense attorney ensures compliance with the law and prevents violations of individual rights.

Theoretical and Legal Aspects of Judicial Integrity: Questions of Updated Methodological Approaches

The presented article is devoted to the theoretical and legal study of the problem of the integrity of judges through the analysis of the issue of updating methodological approaches to the normative regulation of a certain issue. It is motivated that the principle of integrity is an axiological attribute of public authorities and the judicial system in particular.

Constitutional Justice as a Factor of Formation and Development of Ukrainian Constitutionalism (Part 2)

Over the twenty-nine years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfections in the legislation governing its activities. 

The Principle of the Rule of Law in Constitutional Law

The principle of the rule of law is a fundamental element of constitutional law that ensures stability and justice in the legal system. This article explores the historical development of the rule of law, from its origins in classical legal systems to modern interpretations and implementations. Particular attention is paid to the analysis of key aspects of the rule of law, such as its importance for the protection of human rights and freedoms and the role of constitutions in ensuring it.

Availability of Administrative Jurisdiction: Problems of Overcoming Discrimination

The article is devoted to the study of the problems of accessibility of administrative proceedings through the lens of overcoming the problems of discrimination. The principle of access to the court is key in ensuring the right to justice in the modern social and legal reality, provided for by numerous international and national norms of the constitutional and industry levels, therefore the change of certain guarantees of the judicial process causes threats to the accessibility of the judicial process.

Measures to ensure the institutional independence of the judiciary

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.

Implementation of the principle of reliability of information in the field of providing access to information

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.

Administrative and legal characteristics of court decisions

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.