Standard Constitutional Catalog of Principles of Judicial Authority in the Cis Countries

Abstract

Purpose of Study: The present paper presents the results of a comparative legal analysis of constitutions of the CIS-member states in order to identify a standard catalog of judicial power principles in them, considering their interpretation as a set of fundamental principles determining the institutional and procedural aspects of judicial power. There is a lack of unity in the institutional and procedural aspects of the considered fundamental ideas together with a unified approach to the formation of a principles catalog for the judiciary in the focus group of constitutions.
 Methodology: The present study was based on a rational approach to the disclosure of legal phenomena and processes, using general (system, logical, analysis and synthesis) scientific and private scientific methods. Among the latter are the formal legal, linguistic legal, comparative legal, collectively used to identify the judiciary principles.
 Results: The identified standard list of constitutional principles of the judiciary in the CIS countries is presented. It includes the justice administration only by the court, organization legality and judiciary activities, prohibition of creation of emergency courts, independence, interaction, inadmissibility of interference with judiciary implementation, openness, competitiveness and equality of the parties, the state language of legal proceedings, cooperation and unity of procedure, court decisions, and state funding of courts
 Implications/Applications: The comparative legal analysis, with a unified approach to the formation of the list of principles of the judiciary in the focus group of Constitutions, the lack of unity in institutional and procedural aspects of the fundamental ideas can be still stated. We believe that this discrepancy mediates the integration of the considered principles in the judiciary’s framework.

Constitutional Principles Of Judiciary: Peculiarities Of Formalization In The Cis Countries

“…Previously, the author has compiled a catalog of constitutional standard principles for the similar group of states (Gribnau, 2002;Pineschi, 2015). At the same time, we consider the judiciary principles as a set of fundamental principles that determine its institutional and procedural aspects (Treskov et al, 2019;Treskov, 2018). With this approach, the fundamental provisions of the judicial system, legal proceedings and judiciary are laid in their content.…”