Judicial protection service and its analogues: a comparative legal research

Keywords: the rule of law, protection, judiciary, Judicial Protection Service, judicial protection.

Abstract

The article's relevance is because the Judicial Protection Service is a relatively new institution, the creation of which was completed last year. However, analogs of such a service operate successfully in different countries (in particular, the United States, Canada). Effective maintenance of law and order during the court hearing is one of the main elements of the reform processes of the judicial system of Ukraine, which must directly meet European standards. Because of this, the issue of research of this institution in Ukraine and the possibility of implementing best practices in the functioning of its counterparts in foreign countries is relevant. The purpose of the study was to determine the characteristics of the judicial protection service and its analogs in different countries. The object of the study is the public relations that arise in the field of security and independence of the judiciary. The subject of the study is the principles of functioning of the judicial protection service and its analogs. The methodological basis of the study is a set of general and unique methods of cognition, in particular: dialectical, historical, descriptive, methodology of scientific analysis, and generalization—comparative law, structural-functional and analytical. Analyzing the experience of foreign countries in organizing the activities of similar institutions of the Judicial Protection Service, it was emphasized the high level of trust of judges in such judicial protection services and the close cooperation of the latter with law enforcement agencies. The authors of the article also emphasize that the formation and operation of institutions as the Judicial Protection Service directly depend on financial support, organizational issues, and personnel policy.

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Author Biographies

Oleg Reznik, Sumy State University, Ukraine.

Doctor of Legal Sciences, Associate Professor, Department of Administrative, Economic Law and Financial and Economic Security, Sumy State University, Ukraine.

Maryna Utkina, Sumy State University, Ukraine.

PhD in Law, Senior Lecturer, Department of Criminal Legal Disciplines and Procedure, Sumy State University, Ukraine.

Mykola Starinskyi, Sumy State University, Ukraine.

Doctor of Legal Sciences, Professor, Department of Administrative, Economic Law and Financial and Economic Security, Sumy State University, Ukraine.

Nataliia Isaieva, National Academy of Sciences of Ukraine.

PhD in Law, Associate Professor, Senior Scientific Reseacher V.M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine.

Liudmyla Kysil, National Academy of Sciences of Ukraine.

PhD in Law, Associate Professor, Senior Scientific Reseacher V.M. Koretsky Institute of State and Law of National Academy of Sciences of Ukraine.

References

Decision No. 1051/0/15/15-19 “On the Judicial protection Service”, Review of the Bulletin of the VRU, of April 04, 2019. Retrieved from: https://zakon.rada.gov.ua/rada/show/v1051910-19#Text

Dzhafarova, M., Ivanova, H., Zahorodniuk, S., & Zaiets, U. (2020). Ensuring Public Order during the Court Hearings in the Context of Reforming the Judicial System of Ukraine. Amazonia Investiga, 9(32), 10-17. https://doi.org/10.34069/AI/2020.32.08.1

Holt, J. C. (2015). Magna Carta. Cambridge: Cambridge University Press. Retrieved from: https://www.cambridge.org/core/books/magna-carta/33A2EA4AA105FBEC9A43997CA2127B15

Law of Ukraine No. 1402-VIII “On the Judicial System and the Status of Judges”, Review of the Bulletin of the VRU, of June, 2016. Retrieved from: https://zakon.rada.gov.ua/laws/show/1402-19#Text

Law of Ukraine No. 2447-VIII “On the Supreme Anti-Corruption Court”. Review of the Bulletin of the VRU, of July 06, 2018. Retrieved from: https://zakon.rada.gov.ua/laws/show/2447-19#Text

Prytyka, Y., & Kravtsov, S. (2019). Review of Court Decisions: ¿Does Ukraine Guarantee the Right to a Fair Trial in Appeal?. Amazonia Investiga, 8 (23), 685-692. Retrieved from: https://amazoniainvestiga.info/index.php/amazonia/article/view/923

Regulations No. 815 “On the Procedure for Establishing and Operating the Service of Court Administrators”. Review of the Bulletin of the VRU, of June 06, 2017. Retrieved from: https://zakon.rada.gov.ua/rada/show/v0815750-17#Text

Savilova, K. (2019). Bodyguards of Themis. Law and Business, № 30 (1432). Retrieved from : http://www.vru.gov.ua/mass_media/1211

Svyda, T., Kovalchuk, I., Torbas, O., Melnychuk, Yu. & Kytaika, O. (2019). The formation and current tendencies of international human rights protection concerning the right of a person to a fair trial, and their impact on Ukraine. Amazonia Investiga, 8 (23), 855-860. Retrieved from: https://amazoniainvestiga.info/index.php/amazonia/article/view/939

Tong, L. H. (2008). Judicial Security: Responsibilities and Current Issued. CRS Repost for Congress. Retrieved from: https://fas.org/sgp/crs/misc/RL33464.pdf

U.S. Marshals Service (2021). Judicial Security. Retrieved from: https://www.usmarshals.gov/judicial/

Ukrinform. (2019). The High Council of Justice has appointed Valery Bondar as the head of the Judicial Protection Service. Retrieved from: https://www.ukrinform.ua/rubric-society/2664361-vrp-priznacila-valeria-bondara-golovou-sluzbi-sudovoi-ohoroni.html

Verkhnorogachytsky District Court of Kherson Oblast (region) (2017). Security of people in courts. Retrieved from: https://vr.ks.court.gov.ua/sud2105/pres-centr/news/404250/

Zaruba, J.E. (2007). Courthouse Security-A Direction or a Destination? Justice System Journal, 28(1), 46-49. https://www.tandfonline.com/doi/abs/10.1080/0098261X.2007.10767823

Zuieva, I. & Prystup, V. (2019). Organizational and Legal Problems of the Development and Activitirs of the Ukrainian Jurisdictional Service. Juridical Scientific and Electronic Journal, 3, 238-243. Retrieved from: http://www.lsej.org.ua/3_2019/63.pdf
Published
2021-12-17
How to Cite
Reznik, O., Utkina, M., Starinskyi, M., Isaieva, N., & Kysil, L. (2021). Judicial protection service and its analogues: a comparative legal research. Amazonia Investiga, 10(47), 47-53. https://doi.org/10.34069/AI/2021.47.11.5
Section
Articles