THEORETICALLY-METHODOLOGICAL DEFINITION OF THE TERMS “COURT”, “JUDICIAL AUTHORITY”, “JUDICIAL SYSTEM”, “JUDICIAL SYSTEM”, “COURT BODIES”, “JUDICIAL BODIES” AND “JUDICIAL BODIES” AND THE PROBLEMS OF ASSIGNING COURTS TO LAW ENFORCEMENT BODIES

Abstract

Abstract. The purpose of the proposed research is a theoretical and methodological analysis of the terms used in legislation and scientific literature in Ukraine, as well as their practical application. The terms “court”, “judicial authority”, “judicial system”, “judiciary”, “judicial authorities”, “judicial authorities” and “judicial authorities” are quite widely used in scientific literature and in the legal education system. However, in some cases, the use of the terms “judicial bodies”, “judicial bodies”, “judicial bodies”, which are used in scientific literature and legal education, do not correspond to legislative acts. In addition, in some cases, in textbooks and scientific works, courts are referred to as law enforcement agencies. This does not meet the requirements of a number of normative documents, because the judicial power is defined as a separate branch of state power, while law enforcement bodies belong to executive power bodies. At the same time, the assignment of the judicial system and courts to law enforcement agencies has separate grounds, since both courts and law enforcement agencies, especially in the field of criminal law, act in the directions of detection, termination and prevention of offenses and bringing guilty persons to justice. Therefore, certain functions of the judiciary can be law enforcement. Research methods: the dialectical method of cognition, general scientific and special research methods are used in the work. In particular, structural-functional, deductive methods and the method of scientific forecasting. The comparative legal method was also used. As a result of the analysis of the terms used in the scientific literature and in the legislation, it was established that some of them do not correspond to the legislation. However, the legislation currently does not have a clear definition of a number of terms such as court, judicial authority and judicial system. They are defined descriptively. The methodology of using terms that do not correspond to those covered by the legislation indicates a deviation from the requirements of the legislation, but the terms that are formed are also descriptive in nature. As for the issue of assigning the judicial system and courts to law enforcement agencies, this issue is to some extent debatable, because courts and the judicial system are aimed at detecting, stopping and preventing offenses, which is the goal of law enforcement agencies. Based on the definition of the areas of court activity, which is given in Article 2 of the Law of Ukraine “On the Judiciary and the Status of Judges” that the court, “executing justice on the principles of the rule of law, ensures everyone the right to a fair trial and respect for other rights and freedoms guaranteed Constitution and laws of Ukraine” [3], it can be concluded that if the activity of the court is not a law enforcement activity, then it is closely related to the specified activity Discussion: The theoretical and methodological aspects of the definition of terms related to judicial activity and the judiciary are quite complex, because the terms that define the court and the judicial power and the judiciary are not clearly defined in the legislation of Ukraine, and the derived terms are judicial bodies, bodies of justice and a number of others are used for more clarifying and specifying directions in legal science and legal education. The contentiousness of both this issue and the question of assigning courts and the judicial system to law enforcement bodies is not discussed in the scientific literature today, but courts in practice perform separate law enforcement functions. Some researchers believe that the definition of the tasks of the court, which is given in Article 2 of the Law of Ukraine “On the Judiciary and the Status of Judges”, “The court, administering justice on the principles of the rule of law, ensures everyone the right to a fair trial and respect for other rights and freedoms guaranteed by the Constitution and the laws of Ukraine, as well as international treaties, the binding consent of which has been given by the Verkhovna Rada of Ukraine.”, the following provision may be added: “the court in its activity performs a law enforcement and human rights protection function”.