现代政治和法律现实条件下法官仁慈领域的问题

Rostislav Matviyіv
{"title":"现代政治和法律现实条件下法官仁慈领域的问题","authors":"Rostislav Matviyіv","doi":"10.23939/law2023.39.021","DOIUrl":null,"url":null,"abstract":"The article examines aspects of the generalization of problems in the field of integrity of judges in modern conditions of political and legal reality. The integrity of judges is the basis for ensuring civil rights and freedoms, as well as for fulfilling the important role of judges in ensuring a just society. In the context of judicial reform in Ukraine, the integrity of judges acts as a strategic tool for ensuring the independence and transparency of the judicial system, contributes to strengthening citizens' trust in the judiciary and increasing the authority of the court in society. It has been established that in the context of the purification of the judiciary, the integrity of the courts becomes a key tool for identifying and using negative phenomena, such as corruption, impartiality and other violations of ethical norms. This requires judges to follow not only the letter of the law, but also the higher principles of justice, which are based on general human rights and principles of justice. It is motivated that trust in the judicial system is based on society's deep understanding of equality before the law and the independence of the judiciary from the influence of political or other external factors, acting as a key element of the legitimation of power and the legal system as a whole. Therefore, it is summarized that the judicial system, as a reflector in the entire legal system, bears a huge responsibility to society and the state as a whole, contributing to establishing trust in the legal system and supporting the principles of equality and justice. The following problems in the field of integrity of judges in the modern political and legal reality are singled out: moral instability of representatives of the judiciary and the dilemma of individual morality in the context of a court decision; political influence on judges and the process of administration of justice; systemic defects and moral and ethical orientation of the judicial system, here it is important to take into account that the judicial system itself can write internal defects and conflicts of interests that can undermine the integrity of judges; intercultural dissonance and problems of sociocultural adaptation of judges in international aspects of the implementation of multifaceted social space.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"66 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Problems in the sphere of judges’ benevolence in the modern conditions of political and legal reality\",\"authors\":\"Rostislav Matviyіv\",\"doi\":\"10.23939/law2023.39.021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article examines aspects of the generalization of problems in the field of integrity of judges in modern conditions of political and legal reality. The integrity of judges is the basis for ensuring civil rights and freedoms, as well as for fulfilling the important role of judges in ensuring a just society. In the context of judicial reform in Ukraine, the integrity of judges acts as a strategic tool for ensuring the independence and transparency of the judicial system, contributes to strengthening citizens' trust in the judiciary and increasing the authority of the court in society. It has been established that in the context of the purification of the judiciary, the integrity of the courts becomes a key tool for identifying and using negative phenomena, such as corruption, impartiality and other violations of ethical norms. This requires judges to follow not only the letter of the law, but also the higher principles of justice, which are based on general human rights and principles of justice. It is motivated that trust in the judicial system is based on society's deep understanding of equality before the law and the independence of the judiciary from the influence of political or other external factors, acting as a key element of the legitimation of power and the legal system as a whole. Therefore, it is summarized that the judicial system, as a reflector in the entire legal system, bears a huge responsibility to society and the state as a whole, contributing to establishing trust in the legal system and supporting the principles of equality and justice. The following problems in the field of integrity of judges in the modern political and legal reality are singled out: moral instability of representatives of the judiciary and the dilemma of individual morality in the context of a court decision; political influence on judges and the process of administration of justice; systemic defects and moral and ethical orientation of the judicial system, here it is important to take into account that the judicial system itself can write internal defects and conflicts of interests that can undermine the integrity of judges; intercultural dissonance and problems of sociocultural adaptation of judges in international aspects of the implementation of multifaceted social space.\",\"PeriodicalId\":505933,\"journal\":{\"name\":\"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki\",\"volume\":\"66 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-08-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.23939/law2023.39.021\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.23939/law2023.39.021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

文章探讨了在现代政治和法律现实条件下法官廉正领域问题的普遍性。法官廉正是确保公民权利和自由的基础,也是法官在确保公正社会中发挥重要作用的基础。在乌克兰司法改革的背景下,法官廉正是确保司法系统独立性和透明度的战略工具,有助于加强公民对司法机构的信任,提高法院在社会中的权威。现已确定,在净化司法机构的背景下,法院的廉正成为识别和利用腐败、公正和其他违反道德规范等负面现象的关键工具。这就要求法官不仅要遵循法律条文,还要遵循基于一般人权和正义原则的更高司法原则。这促使人们对司法系统的信任建立在社会对法律面前人人平等以及司法独立不受政治或其他外部因素影响的深刻理解之上,成为权力和整个法律系统合法化的关键因素。因此,概括地说,司法系统作为整个法律体系的反映者,对社会和整个国家承担着巨大的责任,有助于建立对法律体系的信任,支持平等和公正的原则。在现代政治和法律现实中,法官廉正领域存在以下问题:司法机构代表的道德不稳定性和法院判决中的个人道德困境;政治对法官和司法行政过程的影响;司法系统的制度缺陷和道德伦理导向,在此必须考虑到司法系统本身也可能存在内部缺陷和利益冲突,从而破坏法官的廉正;跨文化的不协调和法官在实施多方面社会空间的国际方面的社会文化适应问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
Problems in the sphere of judges’ benevolence in the modern conditions of political and legal reality
The article examines aspects of the generalization of problems in the field of integrity of judges in modern conditions of political and legal reality. The integrity of judges is the basis for ensuring civil rights and freedoms, as well as for fulfilling the important role of judges in ensuring a just society. In the context of judicial reform in Ukraine, the integrity of judges acts as a strategic tool for ensuring the independence and transparency of the judicial system, contributes to strengthening citizens' trust in the judiciary and increasing the authority of the court in society. It has been established that in the context of the purification of the judiciary, the integrity of the courts becomes a key tool for identifying and using negative phenomena, such as corruption, impartiality and other violations of ethical norms. This requires judges to follow not only the letter of the law, but also the higher principles of justice, which are based on general human rights and principles of justice. It is motivated that trust in the judicial system is based on society's deep understanding of equality before the law and the independence of the judiciary from the influence of political or other external factors, acting as a key element of the legitimation of power and the legal system as a whole. Therefore, it is summarized that the judicial system, as a reflector in the entire legal system, bears a huge responsibility to society and the state as a whole, contributing to establishing trust in the legal system and supporting the principles of equality and justice. The following problems in the field of integrity of judges in the modern political and legal reality are singled out: moral instability of representatives of the judiciary and the dilemma of individual morality in the context of a court decision; political influence on judges and the process of administration of justice; systemic defects and moral and ethical orientation of the judicial system, here it is important to take into account that the judicial system itself can write internal defects and conflicts of interests that can undermine the integrity of judges; intercultural dissonance and problems of sociocultural adaptation of judges in international aspects of the implementation of multifaceted social space.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
期刊最新文献
Legal regulation of the status of prisoners of war in accordance with the standards of international humanitarian law: historical and modern retrospective Peculiarities of the administrative and legal status of judicial bodies as subjects of protection of the citizens right of an environment safe for life and health in Ukraine Problems of applying criminal law measures to legal entities in the context of combating the commission of criminal offenses against participants in criminal proceedings Current trends of digitalization of public administration Mediation as an alternative way of resolving family disputes
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1