ПРОБЛЕМИ СОЦІОЛОГО-ПРАВОВОГО АНАЛІЗУ СУДОВОЇ ВЛАДИ ТА ЇЇ ЕФЕКТИВНОСТІ
PROBLEMS OF SOCIOLOGICAL AND LEGAL ANALYSIS TO DEPARTMENT JUDICIAL AND ITS EFFICIENCY

Summary/Abstract: Problem setting. Justice is the attribute of democratic power in the legal state, it by a necessary function and plays a substantial role in the recreation of the real law. The modern legal proceeding is acknowledged effective, if characterized not only realization directly of legal tasks but also achievement of social aims. The social role of department judicial, especially in Ukraine which aims to enter to the circle of the democratic European countries, needs proofs concerning its ability to incarnate the ideas of justice, principles of right and legality in life. Recent research and publications analysis. The problem analysis of department judicial is founded the classics of legal sociology, O. Kholms, R. Pound, J. Karbon’e, N. Luhmann, Dz. Frank, M. Foucault, B. Kistyakovskiy, M. Korkunov, P. Novgorodcev, L. Petrazhickiy, B. Chicherin, P. Sorokin; and later developed modern scientists K. Llewellyn, V. Kudryavcev, V. Kazimirchuk, V. Selivanov, V. Lapaeva, I. Ruschenko, I. Marochkinim but other. Paper objective. The primary objective of this article is to analyse in a sociological-legal paradigm a department judicial not only as part of the modern state system but also as a social and legal institute, with his elements, lines, functions; to rotin that him the public setting is effective realization of legal proceedings and proceeding in social justice. Paper main body. The sociological analysis of department judicial allows to combine the doctrine of sociological jurisprudence, school of legal realism and institutional approach; to apply the analysis of the systems for the estimation of social connections of court with other organs of power and civil society; to probe efficiency of the Ukrainian court by concrete sociological researches. Important enough a problem became of exposure of level of sense of justice of judges and degree of influence of political elites, legal communication, experts on the real functioning of department judicial in Ukraine. Grounded problem of department judicial as a «social institute» on the basis of structure of social action, infrastructure, functions and public legitimation. Opening of social mechanism of department judicial is carried out by establishment of intercommunication between the actions of court and sense of justice and conduct of citizens which is the participant of judicial legal relations. A trust to the judicial system in Ukraine remains at low level. It was led to by results sociological research, conducted in 2018 year on the order of Center of Democracy and Supremacy of Right (1000persons are polled). Every tenth from polled considers only, that operating judges answer the position; and suggest to enter more transparent procedure from the selection of new judges. Consequently, in the modern scientific co-ordinates of problem of judicial sociology it follows more expressly to differentiate: it is accordance of expectations of society to the actual results of activity of court; an estimation of justice is in the aspect of observance of principle of «equality of citizens before a law»; sociological estimation of stereotypes of conduct of judges; etc. Conclusions of the research. Social efficiency of court consists in ability on the basis of law and moral to settle legal conflicts, that arising up in society; to be the instrument of social control, guarantor of stability and law and order, what to lift the social value of Right.

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