- Journal Issues
- № 4 2019 Actual problems of criminal justice
- Problems of the judicial system, the prosecutor’s office and advocacy
- Theoretical foundations of scientific support of judicial activity
Theoretical foundations of scientific support of judicial activity
Review
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.
Keywords: court, judicial activity, scientific support, organizational support of the Court.