The Mechanism of Interaction of the Judicial Authority of Ukraine with the Public

1 Pub Date : 2023-09-07 DOI:10.26565/1727-6667-2023-1-02
Olena Krutii, Svitlana Klimova
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Abstract

The current state of society is characterized by the expansion of the conflict space, the increase in tension in social relations between the judicial authorities and the public. It is precisely because of this that issues of improving the mechanism of interaction between judicial institutions and public associations and active citizens are being brought into focus. The purpose of this research is to substantiate theoretical and methodological principles and develop a mechanism of interaction between the judiciary of Ukraine and the public as a basis for making rational administrative decisions. The subject of the study is the relationship between judicial authorities and public associations and citizens regarding management decision-making. The object of the research is normative documents, recommendations and strategic documents regulating the issue of administrative decision-making in the judicial institutions of Ukraine, as well as academic publications and analytical reports on the issues, which are under consideration in this article. The research methodology combines a complex of modern philosophical, general scientific, special scientific methods of cognition, including dialectical, systemic, structural-functional, classification, etc. While processing the scientific sources and legislation in order to thoroughly study the subject of research, highlight its properties, the method of analysis was used. The article examines the mechanism of interaction between the judiciary and the public and establishes the elements of such a mechanism. Based on the analysis of normative-and-legal acts and the effectiveness of the activities of judicial authorities, strategies for the development of the judicial branch of government in Ukraine, the directions to improve the mechanism of interaction of citizens with the independent branch of government - the judiciary, with the aim of exerting their influence on the process of making administrative decisions - have been determined. The interaction of judicial authorities with the public is becoming more and more important every year, the influence of public opinion on administrative decisions is increasing, and because of this, the mechanism of such interaction is being improved and the state’s relations with the public are being reformatted, the gradual introduction of international standards and best practices of the Council of Europe and the European Union in system of justice and public administration of Ukraine. Mandatory elements of the mechanism of interaction of the judiciary with the public are not only the subject-object composition, but also the goals, principles, functions, forms of interaction, information and methods of its presentation, technologies and technical means. The task of the operation of such a mechanism is defined as ensuring the adoption of rational administrative decisions by the Higher Qualification Commission of Judges of Ukraine, the State Judicial Administration of Ukraine, court apparatuses and other institutions of the judicial branch of government in cooperation with the public. Taking into account the wide differentiation of interaction between various subjects of management in the sphere of justice, we consider it necessary to further define the types and forms of such interaction, which has not only methodological, but also practical significance, as it contributes to its normalization according to certain signs or criteria, which allows to effectively determine methods of its practical implementation. The improvement of the mechanism of interaction between the judiciary and the public is in: 1) reducing the number of conflicts and transferring interaction to the level of real and effective cooperation; 2) increasing the openness of the State Judicial Administration of Ukraine and court apparatuses, their readiness for dialogue with the public; 3) granting the Public Integrity Council more powers to influence the career of judges.
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乌克兰司法当局与公众的互动机制
当前社会的特点是冲突空间扩大,司法当局与公众之间的社会关系更加紧张。正因为如此,完善司法机构与社会团体和积极公民之间的互动机制问题成为关注焦点。本研究的目的是论证理论和方法原则,建立乌克兰司法机构与公众之间的互动机制,作为做出合理行政决策的基础。研究的主题是司法机关与社会团体和公民在管理决策方面的关系。研究对象是规范乌克兰司法机构行政决策问题的规范性文件、建议和战略文件,以及关于本文所讨论问题的学术出版物和分析报告。研究方法综合了现代哲学、一般科学、特殊科学的认知方法,包括辩证法、系统法、结构功能法、分类法等。为了深入研究研究课题,突出其特性,在处理科学资料和立法时使用了分析方法。文章研究了司法机构与公众之间的互动机制,并确定了这一机制的要素。根据对规范性法律文件和司法机关活动有效性的分析,确定了乌克兰政府司法部门的发展战略、完善公民与政府独立部门--司法机关--互动机制的方向,旨在对行政决策过程施加影响。司法当局与公众的互动每年都变得越来越重要,公众舆论对行政决定的影响也在增加,正因为如此,这种互动机制正在得到改善,国家与公众的关系也在重新调整,在乌克兰的司法和公共行政系统中逐步引入了欧洲委员会和欧洲联盟的国际标准和最佳做法。司法机构与公众互动机制的必备要素不仅包括主客体构成,还包括目标、原则、职能、互动形式、信息及其呈现方式、技术和技术手段。这种机制的运行任务被界定为确保乌克兰法官资格高级委员会、乌克兰国家司法行政机关、法院机构和政府司法部门的其他机构与公众合作通过合理的行政决定。考虑到司法领域各管理主体之间互动的广泛差异,我们认为有必要进一步确定这种互动的类型和形式,这不仅具有方法论意义,而且具有实际意义,因为它有助于根据某些标志或标准使其正常化,从而有效地确定其实际执行方法。司法机构与公众互动机制的改进在于1) 减少冲突数量,将互动转移到真正有效的合作层面;2) 提高乌克兰国家司法行政机关和法院机构的开放性,使其更愿意与公众对话;3) 赋予廉政委员会更多影响法官职业生涯的权力。
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