The article is devoted to the study of guarantees as an element of the legal status of a judge. The article considers the effectiveness of justice by the judiciary as an independent branch of state power, which is entrusted with the function of protecting the rights and legitimate interests of persons in the state. It is argued that the right to judicial protection can be properly realized only if there is an effective mechanism of judicial protection, which becomes real if there are guarantees for the activity of a judge. The independence and independence of the judiciary is due to the constitutional principle of separation of powers, proclaimed in the Constitution of Ukraine. However, it is in democracies that this principle acquires special significance, because we are talking about legally enshrined guarantees and effective mechanisms of «containment and balances» in the organization and activities of various branches of government. Each of the branches of government – legislative, executive and judicial, independently performs only its inherent functions, not obeying each other. Decisions are made by the judiciary due to their independence, because no additional approval by the bodies of other branches of government is required. The most important prerequisite for this is the protection of the judiciary from unlawful influence or interference from other actors. Only an independent judiciary can become the guarantor of the rule of law, the implementation of effective and accessible justice and a fair judicial decision of cases in the state. The guarantees of the judge's activity in the administration of justice are divided into three groups: guarantees of the procedural activity of the judge as the bearer of judicial power, the subject of the process; organizational and legal guarantees for the activity of a judge as a person holding a public office and is a member of the judicial community; social and legal guarantees of a judge as a citizen with a special legal status, limited in civil rights by legislation on the status of judges and occupying a separate position in society.
The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.
Based on a comparative analysis of the sectoral legislation of Ukraine and the practice of its application, the article studies the features of the development of professional self-government in the system of prosecutors, judicial authorities and the bar. It has been found out that prosecutorial self-government in Ukraine is conducted through the Council of Prosecutors of Ukraine (the highest body of prosecutorial self-government in the period between all-Ukrainian conferences of prosecutors) and the all-Ukrainian conference of prosecutors (the highest body of judicial self-government). It has been determined that prosecutorial self-government is a collective independent decision of prosecutors on issues related to the activities of prosecutorial bodies. It has been established that the system of bar self-government bodies in Ukraine is formed by: 1) the Congress of advocates of Ukraine; 2) the Bar Council of Ukraine; 3) the Supreme Qualification and Disciplinary Commission of Advocacy; 4) the Supreme Audit Commission of the Bar; 5) the Regional Conference of Advocates; 6) the Council of Advocates of the region; 7) the Qualification and Disciplinary Commission; 8) the Audit Commission of the region. It has been found that the bodies of judicial self-government in Ukraine are: 1) a meeting of judges, which is a gathering of judges belonging to the corresponding court aimed at discussing the internal activities of such a court and making appropriate collective decisions based on the discussion of such issues; 2) the Council of Judges of Ukraine (the highest body of judicial self-government, which also functions as the executive body of the Congress of Judges of Ukraine); 3) the Congress of Judges of Ukraine (the body that makes decisions that are binding on all bodies of judicial self-government and all courts in Ukraine). It is noted that the prospects for further research in this area are to determine the role of the judiciary in the constitutional and legal mechanism for the protection of human rights and freedoms and to study the requirements for incompatibility of a judge, prosecutor and lawyer with other activities in the context of comparative constitutional law.
Based on the results of the study and generalization of the judicial practice of Ukraine, the article presents the features and problematic issues of returning the court fee in the court of cassation
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