Theoretical foundations of scientific support of judicial activity

N. Kholodenko
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Abstract

An independent, legitimate, effective judicial power in the state is a prerequisite for sustainable development of society, as a guarantee of proper implementation of justice as an important component of establishing and developing a democratic regime. As the international institutions rightly stress, "justice is aimed at resolving disputes between the parties and, through decision-making, to play a" normative "and" enlightening "role, giving citizens appropriate guidance, information and guarantees regarding the law and its practical application. Therefore, in the context of ongoing judicial reform, which destabilizes the activities of the judiciary in general and law enforcement practice in particular, important are the fundamental things that enable the Institute of Judicial Protection to perform the functions assigned to it. Among them prominent place is given to scientific providing of judicial activity. After all, science is able predict directions of development of social relations and judicial practice, to resolve issues of legal conflicts and existing in legislation of gaps. Therefore, science should be an integral the "companion" of the activity of the court, prominent place in which allotted enforcement. The purpose of the article is to analyse the content of the category "scientific support of judicial activity" and wording the relevant concept. As a result of the analysis, the following conclusions are obtained: Scientific support of judicial activity is based on the intellectual creative activity of certain subjects, which possess special knowledge and skills aimed at creation of knowledge and/or finding ways of their application for the needs and for the benefit of judicial activity. Unlike other areas of organizational support, scientific support of courts always involves the use of methodological tools in conjunction with theoretical developments and empirical data. It allows to use innovative approaches in the process of administration of justice and direct the development of judicial system in the direction of a public request. Thanks to him, there is a change of worldview judges and law enforcement practice. In addition, scientific support of judicial activity is a manifestation of interrelations of the judicial system with the "outside world", thereby developing its transparency. Thus, the notion of scientific support of judicial activity arises as a system of subjects, types of their intellectual activities and means, based on the methodology of scientific knowledge and scientific principles, functioning of which is aimed at satisfying the needs arising in the activities of the courts.
司法活动科学支撑的理论基础
独立、合法、有效的国家司法权是社会可持续发展的先决条件,是司法公正实现的保障,是建立和发展民主制度的重要组成部分。正如国际机构正确强调的那样,“司法的目的是解决当事方之间的争端,并通过决策发挥“规范”和“启蒙”作用,向公民提供有关法律及其实际适用的适当指导、信息和保障。因此,正在进行的司法改革破坏了一般司法机构的活动,特别是执法实践的稳定,在这种情况下,使司法保护研究所能够履行赋予它的职能的基本事项是重要的。其中最突出的是司法活动的科学提供。毕竟,科学能够预测社会关系和司法实践的发展方向,解决法律冲突和立法中存在的空白问题。因此,科学应当是法院活动不可分割的“伴侣”,在其分配执行的突出位置。本文的目的是分析“司法活动的科学支持”这一范畴的内容和相关概念的表述。分析的结果得出以下结论:司法活动的科学依据是某些主体的智力创造活动,这些主体拥有旨在创造知识和(或)为司法活动的需要和利益寻找应用知识和技能的特殊知识和技能。与其他组织支持领域不同,法院的科学支持总是涉及结合理论发展和经验数据使用方法工具。它允许在司法过程中使用创新的方法,并指导司法制度朝着公众要求的方向发展。多亏了他,法官的世界观和执法实践发生了变化。此外,司法活动的科学支持是司法系统与“外部世界”相互关系的表现,从而发展其透明度。因此,科学支持司法活动的概念是作为一个主体、其智力活动类型和手段的系统而产生的,该系统以科学知识和科学原则的方法论为基础,其功能旨在满足法院活动中产生的需要。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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