Anotation. The article presents the results of a scientific analysis of the features of formation of
theoretical and legal foundations of the concept of the functions of the judicial power. An
algorithm for the study of the functions of the judicial power, in particular the analysis of doctrinal
approaches to the definition of the legal nature of the state and its functionality (as in the general
scientific context and in relation to the specific approaches of the Ukrainian legal science);
historical and legal research the specifics of the development and transformation of the functional
purpose of the courts and other organs of the judicial power (as in the general context of the
evolution of the state and as specific organs of the judicial power to the territory of modern
Ukraine); the use of theoretical and legal analysis of the reception of the primary categories for
the concept of the functions of the judicial power. The primary categories for the formation of the
concept of the functions of the judicial power identified «power», «state power», «function»,
«public function». On the basis of applying this specified algorithm, the author’s approach to the
determination of the theoretical and legal foundations of the concept of the functions of the
judicial power as a set of activities of a single component of the state power in the concrete
particular sphere of her power-regulation – on the establishment of justice, in accordance with the
specified, authentic values and guidelines; which is correlated with an understanding of the
destination (goal) of the state in society; its objectives; the content of the functions, performed by
the state in society (state functions); the objectives, set by the society to the state and state
power at every stage of development; is implemented in the respective shapes and forms,
specific methods, techniques, tools.
Keywords: The article presents the results of a scientific analysis of the features of formation of
theoretical and legal foundations of the concept of the functions of the judicial power. An
algorithm for the study of the functions of the judicial power, in particular the analysis of doctrinal
approaches to the definition of the legal nature of the state and its functionality (as in the general
scientific context and in relation to the specific approaches of the Ukrainian legal science);
historical and legal research the specifics of the development and transformation of the functional
purpose of the courts and other organs of the judicial power (as in the general context of the
evolution of the state and as specific organs of the judicial power to the territory of modern
Ukraine); the use of theoretical and legal analysis of the reception of the primary categories for
the concept of the functions of the judicial power. The primary categories for the formation of the
concept of the functions of the judicial power identified «power», «state power», «function»,
«public function». On the basis of applying this specified algorithm, the author’s approach to the
determination of the theoretical and legal foundations of the concept of the functions of the
judicial power as a set of activities of a single component of the state power in the concrete
particular sphere of her power-regulation – on the establishment of justice, in accordance with the
specified, authentic values and guidelines; which is correlated with an understanding of the
destination (goal) of the state in society; its objectives; the content of the functions, performed by
the state in society (state functions); the objectives, set by the society to the state and state
power at every stage of development; is implemented in the respective shapes and forms,
specific methods, techniques, tools.
THE CONCEPT OF THE JUDICIAL POWER FUNCTIONS (THEORETICAL AND LEGAL ASPECT)
M. BULKAT
Dr., kerownik rządu prawnego wsparcia sąduWyższego Specjalisowanego Sądu Ukrainy spraw cywilnych i karnych (Kijów, Ukraina)