JUDICIAL AUTHORITY IN THE DEMOCRATIC STATE (IS INFORMATION ASPECT OF HUMAN RIGHTS AND FREEDOMS)
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 3, Issue
Abstract
The article is devoted to the democratization of home legal procedure. The legislation in Ukraine as a country-pretender to enter the EU and its legal procedure should be always improved approaching the democratic observance of the human rights in all the spheres of life. Just in such a case every person will be provided with the access to justice, damages if human rights and freedoms are infringed. The judicial authority will provide not only the protection of human rights and freedoms but it will assist in removing disadvantages of these infringements influencing on the legislative and executive authority for the human rights and freedoms making a real democratic society. The flow chart was offered. It shows the role of the judicial authority in making a democratic society. It was proved that the home courts should always evaluate the infringements of the conventional rights and freedoms and rely on the precedents of the European courts of human rights in order to coordinate the home law system with the law systems in other countries concerning the problems of the protection of fundamental rights and basic human freedoms. Due to this the legal procedure in Ukraine helps in the development of democracy. The necessity of the analysis of the legal procedure in the judicial statistics was explained. It could help to evaluate the work of regional courts whether they keep to the democratic technologies of legal procedure. It could increase the need to study the practice of the ECHR. As a result, the local courts could make fair decisions and could be independent.
Authors and Affiliations
К. С. Музичук
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