CONCERNING THE TERMINOLOGICAL PROBLEM (CONTEMPT) OF BUILDING A REAL COURT OF JUSTICE OF UKRAINE

Abstract

The article is devoted to the formation of the
scientific and practical paradigm of reforming the
current judicial system of Ukraine on the basis of the
constitutional changes of 2016 (regarding justice).
The existing terminological problems (contradictions)
of judicial system construction as a unified system of
courts of Ukraine are investigated. The gaps in
naming local general courts, district administrative
and economic, high specialized judges, etc. are
outlined. Particular attention is given to the
terminological issues associated with the formation of
the new Supreme Court.
The doctrinal characterization of reforming the
whole of the judicial system of Ukraine as a process of
development of the judiciary (justice) in the context of
the theory of legal reform is given, and a conceptual
(meaningful) model of the Supreme Court's activity
(cassation of justice) is formed.
Some tendencies of development of constitutional justice as a direction of constitutional reform have been clarified, the place of the Constitutional Court of Ukraine in the system of separation of state power has been specified. It is proved that real judicial reforms require their conceptual understanding and scientific doctrinal justification, so that the system of judicial system is first clearly defined in the Constitution of Ukraine (in Article 125 it is necessary to refer to the appellate and local courts, on the principle of instance) and further reformed exclusively to the constitution , on a scientific and democratic basis, implementing the relevant provisions of the law.
Key words: constitutional reform, justice, judiciary, Constitutional Court of Ukraine, courts, judges.