Zharovska I. Current problems of the judicial system: specialization, benevolence and openness of the courts

DOI: 10.33098/2078-6670.2023.15.27.1.39-45

Purpose. The purpose of the work is to analyze aspects of modern trends in the development of the judicial system in the aspect of ensuring the factors of specialization, integrity and openness of the judiciary. Method. The methodology is based on a three-level system of methods and approaches. At the first level, philosophical methods are considered, in particular the dialectical method – applied during the establishment of established and new methods of exercising judicial power; metaphysical method – to identify external factors that affect coordination within the judicial process; synergistic method – to determine the hypothetical consequences of the introduction of the latest methodology of conducting court proceedings and the implementation of modern, demanded factors of judicial activity. The comparative legal method was used to analyze the use of court pre-releases in the activities of the courts of the USA, South Korea, and Australia and the factors of specialization of the UAE court. The results. In the process of research, it was recognized that attention was focused on three aspects of the renewal of judicial power, among which the specialization of courts (using the example of doctrinal and praxeological analysis, it is indicated that modern judicial systems must be attentive to the various consequences of specialization so that they can adapt to the complexities of modern dispute resolution); achieving the integrity of the judicial system (it has been proven that the activity of judges in social networks is a modern, relevant aspect, since it is a completely new field, but it needs scientific attention in the context of modern challenges in the judicial system); openness of the judiciary (judiciaries around the world have recognized the need to communicate their decisions more effectively to the public in order to promote institutional reputation and legitimacy). Scientific novelty. For the first time, within the framework of a comprehensive legal analysis, a study of the triad of updated attributes of the judicial system in the conditions of the legal regime of democracy was conducted. Practical significance. The results of the study can be used to implement the principles of judicial form in Ukraine in the context of compliance with the principles of integrity and openness of the judiciary.

Key words: integrity of judges, judicial specialization, public participation in the exercise of judicial power, judicial reform.

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