Legal Status of the Court Administration
Abstract
The problems of the legal status of the court administration have been studied. The authors have accomplished analysis of scientific works, the authors of which studied specific features of the legal status of the court administration. It has been stated that the legal status of the court administration is determined by legislative acts and bylaws of Ukraine. The authors have suggested own definition of the legal status of the court administration. The legal status of the court administration is a list of rights, responsibilities and powers of the court administration established by law norms, which is determined by the tasks assigned to the organizational provision of the court and the administration of justice.
Some elements of the legal status of the court administration have been studied. It has been established that special functions, tasks, staff structure, specifics of appointment and dismissal, conditions of disciplinary liability are integral elements of the legal status of the court administration. It has been emphasized that the employees of the court administration perform the functions of organizational, technical and information provision of the court.
It has been proved that the legal status of the court administration is characterized by the following elements: performance of functions by the employees of the court administration on organizational, technical and information provision of the court; implementation of the court administration’s activity in accordance with the principles of legality, rule of law, professionalism, efficiency, political impartiality, transparency and others; selection of employees of the court administration on a competitive basis; performance of duties by the court administration in accordance with the established structure and staffing; the presence of a special legal status of the head of the local court administration, which consists in a special procedure for appointment and dismissal, a specific list of responsibilities.
Specific amendments to the current legislation on improving the legal status of the court administration have been offered.
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References
Makarovets A.M., 2017. Legal bases of activity of the court staff and place among them of administrative and legal regulation [Pravovi zasady diialnosti aparatu sudu ta mistse sered nykh administratyvno-pravovoho rehuliuvannia]. Pravo bezpeka, No. 4, pp. 56-62.
Shpenova P.Yu., 2015. Legal status of court staff [Pravovyi status pratsivnykiv aparatu sudu]. Ûrist Ukraïni, No. 3−4, pp. 59-64.
Shevchenko A.V., 2019. Legal status of court staff [Pravovyi status pratsivnykiv aparatu sudu]. Prikarpatsʹkij ûridičnij vìsnik – Subcarpathian Law Herald, Iss. 4, Vol. 2, pp. 198-202.
Vyshnevskyi M.V., 2018. Principles of administrative and legal regulation of the court staff in Ukraine [Pryntsypy administratyvno-pravovoho rehuliuvannia diialnosti aparatu sudu v Ukraini]. Prikarpatsʹkij ûridičnij vìsnik – Subcarpathian Law Herald, No. 1, pp. 182-187.
Boiaryntseva M.A., 2019. Legal status of employees of administrative courts [Pravovyi status pratsivnykiv aparatu administratyvnykh sudiv]. Pravo ì suspìlʹstvo – Law and Society, No. 1, Part 2, pp. 86-92.
Teremetskyi V.I. (ed.), 2020. Law of Ukraine "On the Judiciary and the Status of Judges". Scientific and practical commentary. As of May 20, 2020 [Zakon Ukrainy «Pro sudoustrii i status suddiv». Naukovo-praktychnyi komentar. Stanom na 20 travnia 2020 r.]. Kyiv: Profesional.
Teremetskyi V., Duliba Ye., Drozdova O., Zhukovska L., Sivash O. and Dziuba Yu., 2021. Access to Justice and Legal Aid for Vulnerable Groups: New Challenges Caused by the Covid-19. Pandemic. Journal of Legal, Ethical and Regulatory Issues, Vol. 24, Spec. Iss. 1, pp. 1–11.
Copyright (c) 2021 V. I. Teremetskyi, K. D. Kutsenko
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