Judicial authority in the control system and against: guarantees of functioning and interaction with other governments of the power

Abstract

The implementation of the principle of separation of powers, defined in the Constitution of Ukraine, in practice, means that each branch is independent in its sphere, but only the courts have the last word in the power disputes over the constitutionality and legality of the activities of other branches of government. It is the judiciary that is a prerequisite for maintaining the authority of the state power as a whole, because in the absence of the special restraining powers that it possesses, the legislative and executive power is transformed from power into the organization of violence against society. In fact, the judiciary acts as the tool by which the right effectively affects social relations. A clear and strict adherence to the procedural forms of activity is intended to ensure the assurance that the court will actually adopt legal decisions. Only the law and the rule of law, and not any other considerations (third-party influence, demands, instructions) form the basis of the activity of the judicial branch, while the activities of other branches may prevail over the motives of expediency or social necessity. The court plays a significant ideological role, since it brings citizens respect for the law and promotes adherence to accepted standards of conduct in society.

The judiciary has a considerable advantage in its interaction with other branches of government, in its function and functionality, that there is no such activity of the state in the person of its bodies that would not be subject to judicial control or constitutional supervision. It is these powers that significantly change the provisions of the judiciary in the system of public-legal relations, that is, turn it into a "true" power. Judicial control is one of the main guarantees of the proper functioning of the system of checks and balances, as well as an essential element in the process of restoring the balance in the interaction between the higher authorities of each other.