Registration Number
2125U009426, Article
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Текст
Title
Institutional guarantees of judicial independence and integrity of judges (AI translated)
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Савчин Михайло Васильович
Savchyn Mykhailo Vasylovych
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01-03-2025
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Ужгородський національний університет
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https://dspace.uzhnu.edu.ua/handle/lib/80582
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Слово Національної школи суддів України
Description
which is crucial in guaranteeing the separation of powers and protection of human rights. The
article presents the institutional guarantees of judicial independence and integrity of judges. In
this context, the author reveals the role of courts in ensuring the foundations of the constitutional
state, particularly under martial law, and the prospects for the development of the military justice
institution. The author identifies the main aspects of institutional sustainability and capacity of the
judiciary by analysing strengths and weaknesses, opportunities and potential threats to the effective
administration of justice (SWOT analysis). Institutional resilience of the judiciary is finding
internal reserves of the system to withstand destructive influences of the external environment, in
particular from political institutions, as well as to respond adequately to human rights violations
and guarantee fair judicial protection. The institutional capacity of the justice system is the living
creation of law based on fundamental principles of law in such a way as to ensure a high degree
of enforcement of court decisions.
The foundation of a functioning institutional state – in the wider sense and the separation
of powers with safeguards against concentration of power – in the narrower sense – implies
the maintenance and comprehensive implementation of guarantees of judicial independence.
However, to demonstrate its independence, the judiciary must rely on its inherent resources –
from the inherent functions of the court as a crown jewel of human rights protection to the high
moral qualities and competence of judges to protect the values of constitutional democracy.
Their competitive selection ensures the democratic legitimation of judges, and the absence of
the Institute of Magistrates is partly blamed for the democratic legitimation of the judiciary and
its democratic responsiveness.
Key words: constitutional democracy, human rights, integrity of judges, judicial accountability,
judicial independence, separation of powers.
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2026-06-13
