Constitutional recognition of the principles the autonomy and independence of justice in the CIS countries

Author(s):  S.S. Zakharov, Belgorod State University, Belgorod, Russia

Issue:  Volume 43, № 4

Rubric:  Actual Problems of Legal Regulation

Annotation:  The subject of this work is a comparative legal study of the norms of the constitutions of the CIS countries in the aspect of formalization of the principles of independence and independence of justice. In contrast to the principle of independence, the principle of independence of justice is characterized by widespread formalization within the framework of the constitutions of the CIS countries in various structural and substantive aspects, which allowed the author to conditionally divide the analyzed constituent acts into 3 groups (minimum-sufficient norms, substantially-reduced and substantially-supplemented). Minimally adequate standards combined institutional independence of the judiciary (courts) and the independence of the judiciary; substantial-abbreviated rules are different with the exception of one of the pair of components provided minimally adequate standards; content and augmented norms have included additional characteristics of the principle of judicial independence compared to minimally adequate standards. With regard to the principle of independence, the absence of meaningful certainty, fragmentary formalization, as well as semantic confusion with the principle of independence are established.

Keywords:  independence, legal principles, principles of justice, judge, judiciary

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