| Abstrakt: |
The independence of judges constitutes one of the fundamental components of the legal system in any democratic country. Within the legal framework of Ukraine, the constitutional and legal principles guaranteeing the independence of judges, specifically those of the Constitutional Court, represent a key element of the legal structure ensuring the stability of the rule of law, the protection of human rights, and the development of the rule-of-law state. It is emphasized that the guarantees of the independence of courts of general jurisdiction and bodies of constitutional justice play a critical role in ensuring legal stability and protecting judges from political or external influences. The independence of judges in performing their functions is crucial in upholding the principles of the rule of law and justice. Therefore, it is vital to ensure an effective mechanism to safeguard this independence from any external pressure or influence, regardless of the sphere of jurisdiction. It has been identified that one potential drawback associated with expressing a separate opinion of a judge of the Constitutional Court could be the blurring of the clarity of the adopted decision. Separate opinions generate significant interest among scholars and practicing lawyers, with the texts of such opinions often utilized in the educational process of legal institutions and drawing attention from judges of the Constitutional Court of Ukraine during the consideration of similar cases. As these documents contain doctrinal views on various aspects of cases reviewed by the Constitutional Court of Ukraine, they become the subject of additional analysis and consideration. It is noted that ensuring the independence of judges of the Constitutional Court of Ukraine is based on a comprehensive system of constitutional and legal guarantees aimed at ensuring their independence in resolving important constitutional issues and preserving the principles of the rule-of-law state in Ukraine. Moreover, Ukraine, as a participant in international treaties and organizations, is obliged to adhere to international standards in the field of justice and guaranteeing judicial independence. Consequently, means of protecting the rights of judges of the Constitutional Court are developed and adapted to international normative documents. [ABSTRACT FROM AUTHOR] |
