КЛАСИФІКАЦІЯ ВИДІВ ВТРУЧАННЯ У ПРОФЕСІЙНУ ДІЯЛЬНІСТЬ СУДДІ: МЕТОДОЛОГІЧНИЙ АСПЕКТ

Keywords: organizational and legal principles, judiciary, professional activity of a judge, intervention, classification methodology

Abstract

This article presents the results of a comprehensive study of theoretical and methodological aspects of the problem of interference in the professional activities of judges. Existing approaches to the interpretation of the term "interference in the professional activities of a judge" explain this phenomenon of public relations, associated with illegal interference in the administration of justice, due to the incompleteness of the legal regulation of public relations; socio-cultural illusions, including the weakness of state power and the corruption of the judiciary; sometimes an insufficient level of legal culture and legal awareness of individual citizens, representatives of professions working in the fields related to the judiciary, as well as civil servants; the dishonesty of individual judges in respect of whom the facts of making unjust decisions have been confirmed; deploying, along with the processes of strengthening the participation of civil society in public affairs, the processes of abuse of rights by individual representatives of civil society. The considerable variety of factors intensifying the phenomenon of interference in justice makes it necessary to classify the methods of such interference. In fact, however, in the framework of the science of judicial law, we would like to raise the issue of classification, not just methods (or forms or means), but in general, the manifestations of the phenomenon of interference in the professional activities of judges. Taking advantage of judicial discourse, we can go beyond the science of criminal law and the limitations imposed by its method. The purpose of this article is to summarize the approaches to the classification of types of interference in the professional activity of a judge: methodological aspect.

This classification aims to expand the problem area of ​​interference in the professional activities of judges. Its dissemination and consideration in law-making and law enforcement activities of law enforcement agencies and the judiciary can be a starting point for the implementation of transformations in the organizational and legal mechanism to combat interference in the professional activities of judges.

Published
2021-12-30
How to Cite
Козяр, Р. (2021). КЛАСИФІКАЦІЯ ВИДІВ ВТРУЧАННЯ У ПРОФЕСІЙНУ ДІЯЛЬНІСТЬ СУДДІ: МЕТОДОЛОГІЧНИЙ АСПЕКТ. Scientific Notes of Lviv University of Business and Law, 31, 77-86. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/511