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Guarantees of Judges\' Independence

ФИО студента: Mariia Shatalova

Руководитель: Maria Yakhina

Кампус/факультет: Faculty of Law

Программа: Jurisprudence (Bachelor)

Год защиты: 2021

The work is devoted to the study of the organizational and legal mechanism, ensuring the practical principle of independent justice - the key principle of the organization and activity of the judiciary. The purpose of the study is to analyze the legal regulation of the guarantee test system in the framework of organizational and procedural legal relations and the use on this basis of its improvement. In the context of this implementation of the goal, the work reveals the principles and content of the principle of independent judges, formulates a definition and systematizes the principles of independence of judges presented in the doctrine. Based on the analysis of legislation, scientific literature, law enforcement practice, a number of problematic issues have been identified in the legal regulation of guarantees of the independence of judges in the procedures for the selection and appointment of judicial personnel, with the direct exercise of official powers by judges, the application of disciplinary measures to them, within the framework of procedural legal relations. Specific proposals were formulated to optimize the organizational and legal mechanism governing guarantees of the independence of judges, including substantiation of the need for detailed legislative regulation of procedures related to the formation of the judiciary, the application of disciplinary measures to judges, changing the sources of attracting judges, qualitatively improving the system of their professional training and a number of other suggestions.

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