Rudiuk V. Worldview point of transformation of judiciary in Ukraine

DOI: 10.33098/2078-6670.2019.7.19.40-45

The purpose and tasks of the research is to study the patterns of formation of the worldview of judges and the domestic judicial system in general from the point of view of philosophical and theoretical dimensions, as well as customs, traditions and mentality of the autochthonous population of Ukrainian lands. The theoretical basis of the study consists of the works of prominent philosophers, named and many other specialists in the field of law, analytical intelligence on the history, theory and practice of domestic legal proceedings. The research methodology includes a comprehensive analysis and synthesis of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During research, methods of scientific knowledge were used: terminological, logical-semantic, functional, system-structural, logical-normative. The article focuses on the fact that in the phenomena associated with European integration processes taking place in the judges’ personal and psychological structures, the expansion of the worldview, adjustment and overcoming of stereotypes, transformation of values, development and improvement of behavioral competencies are of particular importance. Another important issue related to the transformational processes of domestic legal proceedings is the formation of a judicial corps on the basis of open, competitive access to the profession of judge and judicial position, elimination of subjective, first of all, political, influences on this process. Openness to the public of information about a judge, including his declaration, will help to establish his compliance with the requirements of integrity and moral stability, as well as ethical standards established by the Code of Judicial Ethics. Thus, the author points out, the current issue of overcoming the rudiment of Soviet legal proceedings is one of the steps, starting with a real judicial reform, whose success is fully dependent on a qualitative change in the worldview as a professional legal community and society as a whole. That is, the formation of a highly professional core of specialists in the field of law with a qualitatively new level of legal world outlook, whether the activity should ensure not only the development of legal norms, based on generally accepted international standards, but also observance in the process of law enforcement. The scientific novelty of the study is that the author, based on the results of a comprehensive study of the philosophical and legal foundations for shaping the outlook of a modern Ukrainian judge and domestic legal proceedings, has proved that in general these principles should be based on the recognition and implementation of the rule of law principle, combined with a positivist approach to appraisal of circumstances, which are the subject of a trial, with the axiological understanding of the primacy of universally recognized human values (justice, freedom, honours and dignity of the individual, equality in the raves and before the law, etc.), as well as ontological dimensions, that is, taking into account the influence of the decision on social, cultural, moral and ethical and other factors of the life of society. The results of the study can be used in law-making and law-enforcement activities in the process of transformation of the domestic judicial system.

Key words: rule of law, universal values, morality, worldview, justice, judicial system, transformation.

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