The Openness of the Judicial Branch of Government and Its Accountability to Society as Important Guarantees of Ensuring the Rule of Law

Rudenko, Mykola; Овчаренко, О.М.

doi:10.32782/2524-0374/2023-6/18

Cited by 2 publications

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“…Загалом можна відзначити, що забезпечення прозорості судової системи в Україні перебуває на дуже високому рівні, оскільки діджиталізація документообігу в органах державної влади стала широко поширеною. Згідно з дослідженням EU Justice Scoreboard 2022, щодо рівня цифровізації системи правосуддя Україна отримала майже 140 балів із максимальних 176, що в цілому є дуже позитивним показником [13].…”

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Public-Management Activities in the Judicial Authorities of Ukraine in the Context of Increasing the Level of Public Confidence

Кorneva

2023

Theory and Practice of Public Administration

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The article reveals the peculiarities of public-management activities in the system of judicial authorities of Ukraine. It has been established that these activities are implemented by various entities, which include court administration staff; staff of the State Judicial Administration of Ukraine and its territorial departments; the Court Security Service; staff of the Higher Qualification Commission of Ukraine; the National School of Judges of Ukraine, etc. Grouping of factors that affect the vectors of the development of public-management activities in the judicial authorities of Ukraine under the conditions of martial law has been carried out. Two groups of factors have been distinguished: principal and non-principal. The main role of public-management activities in the judicial authorities is to ensure functioning of the institutional bodies of the judicial authorities and implementation of the mechanisms of the state to establish the supremacy of law. Dependence of public-management activities in judicial authorities on the effectiveness of the public management system as a whole has been established. Highlighting the principal factors, the article emphasizes that the effectiveness of public-management activities of judicial authorities depends on: 1) the effectiveness of the European principles of good governance implementation; 2) increasing public confidence in judicial authorities; 3) digitization of the administrative processes in courts; 4) overcoming the consequences of hostilities in de-occupied territories and restoring the system of justice. Non-principal factors have been identified, the list of which can be continued. These include: 1) sufficient financing of judicial authorities’ bodies, institutions and agencies; 2) sufficient staffing of court administration and bodies, institutions and agencies of judicial authorities with managers; 3) the level of remuneration of the court administration staff as well as bodies, institutions and agencies of the judicial authorities; 4) updating the organizational and legal principles of public-management activities in judicial authorities; 5) updating the communicative relations of the court staff and other judicial authorities with the media, individuals and legal entities; 6) access to justice for the disabled and other people with limited mobility; 7) improvement of the document circulation system in courts and bodies of justice; 8) strengthening of control over public-management activities in judicial authorities.

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Public-Management Activities in the Judicial Authorities of Ukraine in the Context of Increasing the Level of Public Confidence

Кorneva

2023

Theory and Practice of Public Administration

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Judge’s Right to Freely Express Own Views in the Context of Establishing the Authority of the Judicial Power in Society

Gorodovenko

2023

Slovo NSJU

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The author of the article has studied peculiarities of exercising the right to freely express own views by a judge in the context of establishing the authority of the judicial power in society, taking into account the provisions set forth in the Consultative Council of European Judges Opinion No. 25 dated from December 2, 2022 on the freedom of expression of judges. It has been determined that the right to free expression of own views is the right of a person to freely, without any influence, express own thoughts, judgments, beliefs in any form, which are formed on the basis of established knowledge, ideas, outlook and worldview about certain objects, phenomena, facts, etc., to assess them, in particular, to give support, criticism, characteristics. It has been established that the Consultative Council of European Judges adheres to a broad view of the personal scope of the right to freedom of expression of judges as an individual right, noting that the institutional and state nature of the judge’s position gives an ambivalent nature to the freedom of expression of a judge. It has been argued that the ambivalent nature of the freedom of expression of a judge means the simultaneous coexistence of judge’s conflicting opinions, assessments, etc., as well as the obligation to find the necessary balance between private interests and the interests of society in ensuring the authority of the judicial power. The ambivalent nature of the freedom of expression of a judge determines the establishment of additional restrictions on exercising the right to freely express own views, in addition to the general restrictions established by the Constitution of Ukraine, the Convention on the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Civil and Political Rights. The CJEU Opinion No. 25 (2022) on the freedom of expression of judges singles out the restrictions of freedom of expression of views / controversial cases in regard to statements related to litigation; statements regarding public debates; statements regarding matters of interest to the judicial power as an institution; public criticism of the judicial power / colleagues of judges; current political mandate / former political mandate. It has been proved that the main criteria for imposing a legitimate restriction on the right to freedom of expression of views are rule of law and necessity in a democratic society. Such approaches are used by the European Court of Human Rights when hearing cases om violation of a judge’s right to free expression of own views, including in the context of a judge’s public criticism of legislative reforms related to the judicial power, or information on issues related to the judicial power, or criticism of judges who are colleagues. Key words: judge’s right to freely express own views, judicial power, authority of the judicial power, restrictions of the constitutional right, ambivalent nature of the freedom to express own views by a judge, judicial ethics.

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The Openness of the Judicial Branch of Government and Its Accountability to Society as Important Guarantees of Ensuring the Rule of Law

Cited by 2 publications

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Public-Management Activities in the Judicial Authorities of Ukraine in the Context of Increasing the Level of Public Confidence

Public-Management Activities in the Judicial Authorities of Ukraine in the Context of Increasing the Level of Public Confidence

Judge’s Right to Freely Express Own Views in the Context of Establishing the Authority of the Judicial Power in Society

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