Сучасна концепція авторитету судової влади
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Annotation.
The article examines the modern concept of the authority of the judiciary. The relevance of research on the authority of the judiciary has been established. It is emphasized that the term "authority of the judiciary" appears in a significant number of legal acts throughout the history of Independent Ukraine. It is noted that the meaning of the concept differs in domestic and English-language sources due to the difference in interpretation of the term "authority". The authority of the judiciary is recognized by scholars as one of its features, and there are strong links with other features, including independence. At the same time, due to the lack of legislative enshrinement of the concept, there is a blurring of the conceptual and categorical apparatus, in particular, ambiguity in the works of various authors on the interpretation of "authority of the judiciary", "authority of justice", "authority of a judge" and others. It is revealed that in the development of the concept of the authority of the judiciary sociological-legal, procedural-legal, and deontological approaches are widely used. The sociological approach substantiates the connection between authority and public trust in the judiciary, as well as the impact on the authority of the efficiency of the judiciary and the quality of communications. Through the prism of the procedural-legal approach, attempts are made to establish the relationship between the authority of the judiciary and related concepts, in particular, substantiates the impact of individual judges, including the quality of court decisions, compliance with formal requirements for the organization of proceedings on the authority of the judiciary and the judiciary. Also hypothesizes the relationship between quality and uniformity of procedural and judicial authority. The deontological approach is manifested in the substantiation of the fundamental principles of the authority of the judiciary through the prism of the morality of the judge and his observance of ethical requirements. Besides, it is established that modern scientific research does not reveal the meaning of the concept of "authority of the judiciary", does not describe its main components, as well as factors, entities, and mechanisms that determine the state and development of the judiciary at this stage, which is a promising area of further research.
Keywords: judicial power, signs of judicial power, the authority of judicial power, the authority of the court, the authority of a judge
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