The principle of independence of judges and their subjection of their law only in the civil judiciary of Ukraine

Abstract

The processes of reforming both the judiciary and procedural law, as well as the development of society have a direct impact on the evolution of understanding of the principles of civil procedural law and their meaning and system. As you know, general legal principles are concretized and specialized, ie receive their development in the fields of law, while they retain their system and properties, taking into account the subject and method of a particular industry, as well as the impact of each of the principles on social relations. Civil procedural law as a branch of national law is not an exception to this rule, ie the principles of civil procedural law are part of the principles of national law.
In this article, the principle of independence of judges and their subordination only to the law is considered as a constitutional, intersectoral, organizational principle of civil procedural law, which has a normative consolidation at both national and international levels of legal regulation.
The principle of independence of judges and their obedience only to the law consists of two interrelated elements-rules: one of them says that a judge is independent in the administration of justice, and the other orders all judges that they must obey only the law in the administration of justice.
The implementation of the principle of independence of judges and their submission only to the law is provided by a number of guarantees, which include political, economic, ideological, organizational, legal and procedural.
Guarantees of realization of the principle of independence of judges and their submission only to the law are directed on the one hand on creation of necessary conditions for normal functioning of judicial system, and on the other - can be considered as ways and legal means of realization of this principle. That is why this principle is enshrined in norms of national legislation, the implementation of the principle is ensured by legal guarantees and protection mechanisms, receiving its implementation in the direct law enforcement activities of the court, which together meets European standards of justice.