在乌克兰实践中落实法治原则:概念、分层和经济理由

N. Bilak, Yuliya Voitenko, I. Kozii
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引用次数: 0

摘要

本研究的主题是法治原则及其要素在司法当局、法院和社会团体活动中的细分表现形式,同时考虑到其影响的经济基础。研究的目的是考察法治原则的表现形式及其在司法机关和法院活动中的各个要素,明确公众在其实际应用中的作用,并确定为其提供经济支持的机会。研究方法。研究采用了科学知识的一般科学方法和特殊方法:系统分析方法、辩证方法、形式逻辑方法、结构和功能方法以及一些经验方法。其中,比较法被用来确定监狱机构的转变及其向监狱司法机构的转变。研究结果表明,有必要:从质量上考虑确保被定罪者服刑后的矫正问题;让民间社会机构的代表参与再社会化进程;确定实施有效改革的潜在方法,以提高司法机构的效率和公正性。结论。文章揭示了刑罚系统向监狱系统转变与在这一领域实施法治及其全面执行之间的关系。文章指出,刑事执行系统考虑到了确保服刑的方面,而在根据法治运作的监狱系统中,作者还确定了确保被定罪者服刑后的矫正及其重新社会化这样一个定性部分。作者发现,基于法治的司法机构转型的经济理由包括降低以下方面的成本:由于法庭听证前的准备阶段可以数字化,以及法庭听证可以通过视频会议模式举行,因此可以降低法庭运作的成本;通过优化法庭机构的功能降低其成本;由于积极调解和其他和平解决争端的可能选择,可以减少法庭案件的数量,等等。作者指出,司法程序中的公正不仅意味着在形式上遵守法律,还意味着在适当考虑平等、客观和公正的情况下行使个人的权利和自由。作者证明,非政府组织是能够促进作为法治组成部分的司法原则的重要机构,因为它们确保向法院提出申请的权利以及成员和第三方受到保护的权利。公众在形成改革的经济基础和国家机构正常运作方面的作用也得到了强调。研究指出,需要修订国家立法,赋予非政府组织为第三方利益向法院提起诉讼的权 利,特别是在个人因正当理由无法保护自己权利的情况下。本研究分析了在公共关系的各个领域为实施法治提供经济支持的基本规定。
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IMPLEMENTATION OF THE RULE OF LAW PRINCIPLE IN THE PRACTICE OF UKRAINE: CONCEPT, STRATIFICATION AND ECONOMIC JUSTIFICATION
The subject of the study is the segmental manifestation of the rule of law principle and its elements in the activities of justice authorities, courts and public associations, taking into account the economic basis of its influence. The purpose of the study is to examine the forms of manifestation of the rule of law principle and its individual elements in the activities of justice and court authorities, to clarify the role of the public in its practical application, and to identify opportunities for its economic support. Methodology. The study used general scientific and special methods of scientific knowledge: the method of system analysis, the dialectical method, the formal logical method, the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to determine the transformation of penitentiary bodies and their transformation into penitentiary justice bodies. The results of the study demonstrated the need for: qualitative consideration of the aspect of ensuring the correction of a convicted person after serving his or her sentence; involvement of representatives of civil society institutions in the resocialisation processes; and identification of potential ways to implement effective reforms that can increase the efficiency and fairness of the judiciary. Conclusion. The article reveals the relationship between the transformation of the penal system into the penitentiary system and the implementation of the rule of law in this area and its comprehensive enforcement. It is noted that the criminal executive system takes into account the aspect of ensuring the serving of sentences, and in the penitentiary system, which operates under the rule of law, the authors additionally identifies such a qualitative component as ensuring the correction of a convicted person after serving his/her sentence and his/her resocialisation. It was found that the economic rationale for the transformation of the judiciary based on the rule of law consists in reducing the costs of: court functioning due to the possibility of digitalization of the preparatory stages before the court hearing and the holding of court hearings in videoconference mode; reducing costs for the court apparatus through optimization of its functions; reducing the number of court cases due to active mediation and other possible options for resolving disputes peacefully, etc. It is noted that justice in judicial proceedings means not only formal compliance with the law, but also the exercise of rights and freedoms of individuals with due regard for equality, objectivity and impartiality. The authors prove that non-governmental organisations are an important institution capable of promoting the principle of justice as an integral element of the rule of law, since they ensure the right to apply to court and the right to protection of members and third parties. The role of the public in shaping the economic basis for reforms and the proper functioning of state bodies was also highlighted. It is noted that national legislation needs to be amended in terms of granting NGOs the right to apply to court in the interests of third parties, in particular, in cases where a person is unable to protect his or her rights for valid reasons. The study analyses the fundamental provisions on economic support for the implementation of the rule of law in various spheres of public relations.
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