Worldview Level Visions of Transformation of Judicial Proceedings in Ukraine

Abstract

The purpose of the study is to determine the patterns of formation of the outlook of judges and the domestic judicial system as a whole in the process of transformation of domestic justice, from the point of view of philosophical-theoretical dimensions, because, as the results of the study of empirical material show, certain aspects of judicial activity in the context of the philosophical substantiation of between the outlook of the judge and the process of forming his legal thinking, remains poorly understood. To achieve this goal the author plans to solve the following problems: to study the axiological and ontological aspects of the formation of judges’ outlook and their influence on the process of reforming the domestic judicial system; identify current trends in the transformation of the judicial system, taking into account foreign experience, as well as customs, traditions and mentality of the population of Ukrainian lands. Methodology. During the research methodological tools were used, the basis of which was historical, comparative, sociological, logical-legal, hermeneutic, as well as other methods of science of philosophy of law. The scientific novelty of the study is determined by the fact that certain aspects of judicial activity in the context of the philosophical substantiation of the obviousness of the systemic relationship between the judge’s worldview and the process of shaping his legal thinking, taking into account the traditions, customs and mentality of the autochthonous Ukrainian people, in our opinion, are still poorly studied. According to the research, the author draws some conclusions, which are as follows: 1. The philosophical and legal foundations of the formation of the outlook of the modern Ukrainian judge and the domestic judiciary as a whole should be based on the recognition and implementation of the principle of the rule of law when combining the positivist approach to the assessment of the circumstances of the trial, with the axiological understanding of the freedoms of primacy, honours and dignity of the individual, equality in rights and before the law, etc.), as well as ontological dimensions, that is, taking into account the impact of the decision on the social, cultural, moral and ethical and other factors of life of society. 2. The worldview of the modern domestic servant of Themis is a reasonable balance of normative regulation of solving social problems and principles of anthropocentrism, according to which, based on the customs, traditions and mentality of the population of Ukrainian lands, man is a self-sufficient individual, whose value is freedom and autonomy.

Keywords: anthropocentrism; universal values; positivism; outlook; judiciary; judge.