INDEPENDENCE AND IMPARTIALITY OF THE COURT IN THE CONTEXT OF THE COMPLEX NEED TO IMPLEMENT THE IDEA OF JUSTICE

Abstract

Formulation of the problem. Disregard of the principles of independence and equity of the judiciary has negative consequences in the political, economic, social, psychological and organizational spheres, and serves to undermine the foundations of democracy and the rule of law in Ukraine. In turn, it crumbles the system of deterrents and counteractions, which can lead to the usurpation of power and unjustified expansion of powers of certain state authorities or officials. An independent judiciary is a key condition for establishing justice and equality of all before the law, including politicians who make laws. That is why it is important that the judiciary is free from undue influence in its decision-making. The purpose of the article is to analyze the independence of the court and its impartiality in the area of the complex need to realize the idea of justice. The article establishes that independence and impartiality of courts are not identical concepts, but are inextricably linked, since a dependent court cannot be impartial, just as an independent court cannot be biased. An indicator of independence and impartiality is the administration of justice. Impartiality involves an emotional burden, and to get rid of it would mean to let a go for awareness of justice. Although historically, judging has been considered an non-emotional activity, and the usage of legal norms excludes feelings and emotions. However, emotions are inherent in natural human behavior and are built into social interaction. It is determined that judges should be aware of their emotionality and its ability to influence their decisions. They should continuously learn to manage it and interact with their reactions to emotional stimuli. Disturbing or unpleasant emotional reactions are inevitable. And the impartiality of the court should mean that it operates exclusively on the basis of the current legislation, taking into account the rule of law, based on professional knowledge and its own legal consciousness, excluding any outer influence and control in order to promote the ideals of justice. The article also establishes that the formation of the judiciary from representatives of different social strata is not an end in itself. However, it is important that the court reflects the interests of different groups, which will help to generate public confidence in the possibility of achieving justice.