АDMINISTRATIVE-LEGAL ASPECTS OF THE PLACE AND ROLEOF THE JUDICIAL POWER IN THE STATE MECHANISM

Abstract

The article deals with the administrative and legal aspects of the place and role of the judiciary power in the state mechanism. It has been cleared up that, in accordance with the power distribution in our country, the judiciary branch is separate and independent. It is an essential element of the rule of law in our country. The judiciary power should be provided with independent authorities and have special guarantees of its independence. Any illegal influence on judges is prohibited and punishable by law.

In accordance with the above mentioned, the independence of the judiciary branch of power is represented by two levels, namely external and internal one. The external independence of courts is envisaged by the national legislation; the trial should be independent from the executive and legislative branches of power, as well as from any external influence, namely the state bodies, political power and civil society; the court independence and unity in the sphere of the judiciary management; obligatory fulfillment of the court decisions by everybody, including the high state officials.

It has been determined that the internal independence of the judiciary branch of power means the following: the high level of the material and financial supply of courts; morals and high qualification of the judges; authority of each representative of the judiciary power; preventing the judges to make illegal court decisions. Independence of courts is the inseparable element of their status, which is guaranteed by the Constitution and laws of Ukraine. They should follow only the legislation demands and any influence on judges is strictly forbidden by law.

Independence of judges is guaranteed by the special order of their election, appointment and release from their posts, as well as by the protection of their special rights and interests. Safety of the judges and their families, sufficient material supply (good salaries), legal and social protection are also elements of their independence.

From ancient times the division of powers has been inseparable element of the state power. Mutual restraint and balancing of the judiciary, legislative and executive branches of power in Ukraine for the sake of their efficient and purposeful work is important for protection of the legal rights and interests of the Ukrainian citizens.

It has been cleared up that the administrative and legal aspects of the place and role of the judiciary power in the state mechanism are the following: first, according to the division state power in Ukraine the judiciary branch of power is unique and independent, so, it is necessary element of every legal country; second, the judiciary power is provided with the independents authorities for its efficient functioning; third, judges have specific professional activities, so, they should have special guarantees of their independence; forth, according to the part 2 of the Art.126 of the Constitution of Ukraine «any influence on judges is forbidden» that means their independence from anybody and that it is forbidden for the state bodies, institutions and organizations, bodies of the self-governance and their officials, physical and legal persons to interfere into the judges’ activities. It prevents them to make illegal decisions.