SYSTEM OF SUBJECTS OF ENSURING LEGALITY DURING THE ADMINISTRATION OF JUSTICE

Abstract

The article, based on the analysis of the scientific views of scientists and the
norms of current legislation, identifies a range of key subjects of ensuring legality
during the administration of justice. It is argued that each of the specified subjects
has its own, special administrative and legal status. The author's vision of the
classification of subjects of ensuring legality during the administration of justice is
proposed. Ensuring legality during the administration of justice is a set of
interrelated elements that, in interaction with each other, form a holistic complex
mechanism. One of the key elements in the studied context are the subjects of
such activities. At the same time, each of the specified subjects has its own, special
administrative and legal status.
A rather diverse range of subjects is noted that directly or indirectly contribute to ensuring legality during the administration of justice. The latter are
proposed to be divided into groups using various differentiation criteria, in
particular, 1) by subject composition: a) individual (judges, individual
representatives of the public, participants in the trial (plaintiff, defendant,
defendant, victim, witness, etc.), interested in observing the law); b) collective (in
particular, the Supreme Court of Justice); 2) by their relationship to the act of
justice, they are divided into those whose actions are performed during the act of
justice itself, and those who have an indirect influence on it (for example, through
the formation of the personnel of the courts); 3) by the features of the
administrative and legal status, it is advisable to distinguish: firstly, those directly
responsible for ensuring legality during the administration of justice (first
instance judges); secondly, subjects who verify compliance with the requirements
of the legality of court decisions as acts of justice (judges of the appellate and
cassation instances); thirdly, entities that promote the independence of judges in
the administration of justice in order to ensure legality, including on the basis of
adequate staffing (judicial governance and self-government bodies); fourthly,
state authorities that shape the content of legality, primarily the Verkhovna Rada
as the sole legislative body.