Review

The paper is devoted elucidation of systematic character of the concept of "independence of the judiciary". The authors disclose various approaches to understanding the concept of "independence of the judiciary." The authors approach establishing the concept of "independence of the judiciary" as an quality that inherent to judicial power in the mechanism of checks and balances, understanding as the principle of the judicial authorities, as its characteristics, as a part of the right to a justice, as well as the degree of freedom of the court in relations with other branches of government.

As a result, the authors performed isolation of the characteristics of judicial independence. They are:

1) provides by the applicable domestic law: as internal normative legal acts and international treaties, ratified by the Verkhovna Rada of Ukraine;

2) refers to the notion of "judicial power" as a part of the government, which is defined in Art. 6 of the Constitution of Ukraine;

3) is realized in the relationship of the system of checks and balances;

4) is the guarantor of the implementation by the judiciary of it’s functions;

5) implemented during the functioning of the judiciary (implementation allowed only during the judicial authorities);

6) characterizes the degree of freedom of the judiciary, while being as common prevention;

7) provided by set of guarantees for its implementation;

8) detailed in the work of the judiciary and judges;

9) is multi-faceted and complex legal category that contains the elements of complex of legal, economic, political and social issues;

10) for it’s violation occurs, political and/or legal responsibility.                                          

In conclusion, the paper also reveals a systematic understanding of the concept of "independence of the judiciary."

Key words: public authorities; the judiciary; the independence of the judiciary; principle; the legal category; judges.