УДК 342.5

ORCID: 0000-0001-7190-3774

DOI 10.37566/2707-6849-2024-1(46)-4 

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Serhiy KULYK,

Doctoral student of the Department of International and European Law

Faculty of International Relations of the National Aviation University

MODERNIZATION OF NATIONAL JUDICIAL SYSTEMS IN THE CONTEXT OF INTERNATIONAL LEGAL STANDARDS.

The article analyzes the key provisions of the European Charter and its Explanatory Memorandum, which indicate the mandatory implementation of international standards at the level of national constitutions. The document emphasizes that the basic principles of judicial behavior should be enshrined in domestic regulations at the highest level, which provides guarantees of competence, independence and impartiality of judges and courts. This provision is mandatory for all European states, which requires the inclusion of relevant standards in constitutional acts.

The article examines the example of Finland, where constitutional reform has ensured a clear separation of powers and independence of the judiciary. The Constitution of Finland defines three branches of government, including the judiciary, which is exercised by independent courts such as the Supreme Court and the Supreme Administrative Court.

The authors also explore the problems and challenges associated with the implementation of international standards. In particular, questions arise regarding the accuracy of legal wording in international documents and the need to adapt them to national contexts.

Based on the analysis of the constitutional provisions of various European countries, such as Germany, Poland, the Czech Republic, Latvia and others, conclusions are drawn on general trends and approaches to the constitutional modernization of judicial systems. Each constitution defines the basic provisions on the judiciary, although the details remain at the level of other legislative acts. This allows for flexibility and adaptability of the judicial system to changing conditions.

The authors emphasize the importance of constitutional and legal regulation of the judiciary and the need for its compliance with international standards to strengthen confidence in the judiciary and ensure effective justice.

Key words: international standards, judicial authorities, judicial system, justice,

constitutional and legal regulation.

References

European Charter on the Status of Judges . Lisbon, 10 July 1998. URL: https://court.gov.ua/userfiles/05.pdf

Explanatory Note to the European Charter on the Status of Judges of 10 July 1998

(Model Code). URL: https://zakon.rada.gov.ua/laws/show/994_a46#Text

Suomen perustuslaki.11.6.1999/731. Hallinnonala: Oikeusministeriö. Voimaantulo:

01.03.2000. URL: https://www.finlex.fi/fi/laki/ajantasa/1999/19990731

Horodovenko A. General principles of constitutional modernisation of the judicial

system as an objective social and legal process. Actual problems of jurisprudence.

Issue  1  (13). 2018 р. 73–79.