CORRELATION OF THE PRINCIPLE OF ENSURING LEGALITY WITH OTHER PRINCIPLES OF JUDICIAL PROCEDURE DURING THE ADMINISTRATION OF JUSTICE
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Abstract
The article, based on the analysis of the scientific views of scientists and the
norms of current legislation, highlights the key, most important principles of the
administration of justice. It reveals how the principle of legality correlates with
such principles as: the rule of law, legality, independence, objectivity, fairness,
adversarial nature of the parties, the binding nature of the execution of court
decisions, etc. It is proved that legality is closely related to other principles of the
administration of justice. Thus, first of all, the specified principle is inextricably
linked with the principle of the rule of law, without which the implementation of
ensuring legality cannot be perceived as a means and basis for the administration
of justice itself in the activities of the judicial branch. Legality acquires the
characteristics of the principle of justice administration only in an inextricable
connection with the rule of law, as a civilizational achievement of humanity,
aimed at guaranteeing human rights and freedoms as the highest social value and
the purpose of the existence of the state.
Attention is focused on the fact that in relation to other principles, the
principle of ensuring legality guarantees their implementation, ensures their
implementation in life. On the other hand, other principles detail the mechanism
of ensuring legality in judicial proceedings, reveal the main requirements for its
implementation as a method of administering justice. Thus, the principle of
independence of judges actually obliges them to act within the framework of the
Constitution and the laws adopted in its implementation. Guarantees for the
implementation of this principle are contained in the legislative requirements for
the actions of judges and other subjects of preventing undue influence on them.
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