Impartiality in Adjudication Through the Perspective of Judicial Independence and Integrity

被引:0
|
作者
Barabash, Olha [1 ]
Shekhavtsov, Ruslan [2 ]
Tokarska, Antonina [3 ]
Povalena, Mariana [2 ]
Syvulia, Tetiana [4 ]
机构
[1] Lviv State Univ Internal Affairs, Dept Gen Law Disciplines, 26 Horodotska Str, UA-79000 Lvov, Ukraine
[2] Lviv State Univ Internal Affairs, Inst Training Specialists Units Natl Police, Fac 1, 26 Horodotska Str, UA-79000 Lvov, Ukraine
[3] Lviv Polytechn Natl Univ, Dept Theory & Philosophy Law, Constitut & Int Law, 1-3 Knyaz Roman Str, UA-33022 Lvov, Ukraine
[4] King Danylo Univ, Dept Theory & Hist State & Law, 35 Konovalets Str, UA-76018 Ivano Frankivsk, Ukraine
来源
CIVIL JUSTICE QUARTERLY | 2023年 / 42卷 / 03期
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中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The state of the Ukrainian judiciary, in particular the observance of guarantees of the impartiality of judges, has long been one of the concerns of Ukrainian society. Therefore, there is a need to address these issues and improve the state of justice resulting from the lack of independence of the judiciary. Unfortunately, the measures taken so far to reform the judiciary do not have an effective impact on the impartiality of judges. In general, many jurists are engaged in an analysis of the issues of judicial discretion. In the last decade, scholars' interest in the essence of this complex legal phenomenon has grown significantly. However, topics related to the legal nature of the concept of "judicial discretion", the distinction between the terms "judicial discretion" and "judicial discretion" are still controversial, and the question of the relationship between judicial discretion and the inner conviction of a judge is actively discussed. This article aims to identify the subtleties of independence and fairness of the judiciary through the prism of real examples within the legal system of Ukraine and other countries. Judicial discretion should be exercised within the established limits, subject to such categories as rationality, equity, and justification of the judgment. To prevent potential abuses, judicial discretion should not be unrestricted, i.e. it should be defined by certain limits set by law.
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页码:237 / 246
页数:10
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