STRUCTURAL INTEGRATION THE CONSTITUTIONAL PRINCIPLES OF THE JUDICIARY: EASTERN EUROPEAN EXPERIENCE

The principles, being the basis of the organization and activity of the judicial power, represent the objective fundamental principles reflecting the authentic nature of the judicial power in the system of functional division of the state power. In modern countries, such principles are enshrined at the constitutional level or stem from the content and legal nature of the judiciary itself. The subject of the study of this article were the norms of the constitutions of Eastern Europe in connection with the identification of the principles of judicial power in them. The paper substantiates the conclusion about the constitutional structuring of the formalization of the principles of the judiciary in the sections devoted to the foundations of the state (constitutional system); human and civil rights and freedoms; the judiciary; the Supreme judicial bodies (usually the constitutional court). Comparative legal study of the norms of special sections on the judiciary in the constitutions of Eastern Europe allowed the author to form a list of principles that organize and form the basis of the activities of this type of state power; to identify the specifics of their consolidation; to present quantitative and qualitative characteristics of the declared fundamental principles.

судебная власть, принципы, принципы судебной власти, правосудие, судопроизводство, суды, независимость