CONCEPTS AND TYPES OF INDEPENDENCE OF A JUDGE ACCORDING TO THE LEGISLATION OF UKRAINE
CONCEPTS AND TYPES OF INDEPENDENCE OF A JUDGE ACCORDING TO THE LEGISLATION OF UKRAINE

Summary/Abstract: The purpose of the article is to characterize the essence of the independence of judges as a key principle of judicial proceedings, as well as to distinguish types of independence. The article uses a complex of general legal and special legal methods, including analysis and synthesis, generalization, formal legal, logical, dogmatic, etc. It is emphasized that the importance of legal principles (fundamentals) as one of the most important sources of law is well recognized and emphasized in legal theory. Nevertheless, the concept of legal principle is still controversial and not clear to many. It has been established that various perceptions of the term “principle” refer to its various essential manifestations. Thus, this concept can be interpreted through a professional lens, namely considering the profession of the person who interprets the term: scientist (doctrinal use), judge (jurisprudential use) and legislator (legislative use). Lawyers use the expression “principle” in different contexts: as an element of discipline (principles of private rights), as a value (principle of correctness), as a tool (principle of contradiction), but above all as an abstract rule applicable to certain concrete cases. The article defines the features of the legal framework. Namely: normativity (fixed in normative legal acts), regulatory character (legal basis for the emergence of one or another type of legal regulation and to a large extent determine this due to its normative character) and objective conditionality (correspondence to the essence of social relations, economic, political, and ideological processes taking place in society). It has been proven that independence is the main principle and value of the judicial system, as well as a measure of its effectiveness. The function of independence derives from the distribution of power between the branches of the state to protect citizens in disputes with the state. However, the emphasis on independence also stems from the rationale for the existence of the judiciary to fairly resolve any disputes in a predominantly confrontational environment. It is proposed to distinguish two types of independence of courts: external independence (independence from other branches of government, officials and officials, independence from political forces and the judge’s beliefs) and internal independence (independence from conflicts of interest, independence from the head of the court and other influential judges, employees of the court apparatus).

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