ПОНЯТТЯ ФУНКЦІЙ СУДОВОЇ ВЛАДИ (ТЕОРЕТИКО-ПРАВОВИЙ АСПЕКТ)
THE CONCEPT OF THE JUDICIAL POWER FUNCTIONS (THEORETICAL AND LEGAL ASPECT)

Summary/Abstract: 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.

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