THE CONCEPT AND SIGNIFICANCE OF THE ADMINISTRATIVE-LEGAL MECHANISM FOR ENSURING MONITORING THE EFFICIENCY OF JUSTICE IN UKRAINE

Abstract

It has been found that the effectiveness of justice is a complex legal and 
social characteristic of the functioning of the judiciary, which reflects the degree 
of achievement of the goals of justice through timely, fair, impartial and reasoned 
consideration and resolution of court cases in compliance with the principles of 
the rule of law, accessibility and independence of the court, as well as the level of 
actual execution of court decisions and public trust in the judicial system. It has 
been proven that monitoring the effectiveness of justice is a systematic, 
organizationally and normatively supported activity of specially authorized 
entities, which is aimed at collecting, processing, analyzing and evaluating 
quantitative and qualitative indicators of the functioning of the judicial system in 
order to determine the level of effectiveness, accessibility, timeliness and quality 
of the administration of justice, identifying problematic aspects of its provision 
and forming substantiated administrative and legal decisions, subject to 
compliance with the principle of independence of the judiciary. 
It is argued that the administrative and legal mechanism for monitoring the 
effectiveness of justice in Ukraine is a systematically organized set of 
administrative and legal norms, institutions, procedures, management decisions 
and information and analytical tools, through which regular observation, 
collection, evaluation and analysis of indicators of the functioning of the judicial 
system are carried out in order to improve the quality, effectiveness, accessibility 
and trust in justice while maintaining the independence of the judiciary. It is 
noted that the key properties of this mechanism are the following: 1) it is 
comprehensive in nature, as it combines regulatory and legal, organizational and 
managerial and information and analytical elements; 2) it operates in the field of 
public administration of justice, without affecting the procedural activities of the 
courts; 3) it is based on the norms of administrative legislation that determine the 
competence, powers and responsibilities of monitoring subjects; 4) it is focused 
on systematicity and continuity of assessment, rather than on one-time control 
measures; 5) performs preventive and corrective functions, providing an 
information basis for administrative decisions in the field of justice; 6) is aimed at 
creating a balance between the accountability of the judicial system and 
guarantees of its institutional independence.