News scritte da BALYNSKA OLHA
BALYNSKA OLHA
The relevance of this study lies in the need for a thorough investigation of the judge’s right to judicial activism in case of disagreement or partial disagreement with a court decision, as a guarantee of the independence of their activities, as well as the definition of methods used up-on engaging in judicial activism, namely a logical or intuitive method, to establish the role and purpose of this institution in the legal system of Ukraine. The purpose of this study is to de-termine the role and purpose of the institution of “judicial activism” and to identify the meth-ods used to express a separate opinion in case of disagreement with the decision taken in the case. The methods used to investigate the subject include comparative method, legal recogni-tion method, dialectical method, formalisation method, logical legal method, historical meth-od, system method, axiomatic method, hermeneutical method, synthesis and analysis method, and others. During the study, the main concepts and terms used in this paper were defined; the study established the purpose and allocation of functions of the right to judicial activism as a guarantee of the independence of judge’s activities; determined the features of the institu-tion of judicial activism; studied the role of intuitive and logical methods in expressing a sepa-rate opinion in case of disagreement with the court’s decision; compared these methods and determined their features and their application when using the right to judicial activism. In addition, the author investigated the application of the right to judicial activism in courts of general jurisdiction, in the Constitutional Court of Ukraine, and courts of international juris-diction, including the European Court of Human Rights; compared the use of logical and in-tuitive methods upon engaging in judicial activism; identified problems and contradictions in the use of these methods and identified their negative aspects. The provisions set out in this paper are of practical value for employees of judicial bodies, namely judges, in the perfor-mance of their professional activities.
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