| Popis: |
In the article, the author examines the peculiarities of the normative consolidation of the principle of glasnost in the legal monuments of various historical stages of the formation of the Ukrainian state, attention is drawn to the approaches to society's perception of norms regarding certain elements of glasnost judicial proceedings in different periods in the history of the development of Ukrainian law. It was established that the reflection of the idea of the publicity as a value and need of society dates back to ancient times and through certain aspects can be traced in legal sources from Kyivan Rus. Attention is drawn to the fact that the legal sources that extended their influence to Ukrainian lands established the requirements of "publicity", "publicness", "openness", orality of judicial proceedings, the implementation of which influenced the formation and further development of society's ideas about the court and the judiciary, contributed to the strengthening of the request society for a fair trial, and therefore the development of the idea of transparency of the judicial process. At the level of constitutional and legal regulation, the publicity of the judicial process for a long time did not find its full and comprehensive recognition, legal consolidation precisely as one of the main principles of the judiciary, because the principle of "openness" of the consideration of cases was consistently proclaimed in the studied constitutional acts, which cannot be considered a complete reflection of all aspects of the principle of judicial transparency. Instead, the category of "glasnost" of the judicial process is studied at the level of legal doctrine, mostly actively researched in scientific works devoted to issues of procedural law, the judicial system and the judiciary. Although the constitutional norms did not contain a reference to the concept of "openness", in many scientific works, researchers defined the openness of judicial proceedings as a fundamental constitutional principle, relying on the constitutional norms on the openness of court hearings. With the adoption of the Constitution of Independent Ukraine, the publicity of the judicial process as a broader constitutional and legal requirement for the administration of justice was enshrined in the system of the basic principles of the judiciary. |
