PRINCIPLES OF JUDICIAL AUTHORITY: HISTORY OF ESTABLISHMENT

Аннотация

the article analyzes using the historical, normative and systemic methods, as well as analysis and synthesis, the provisions of the Constitution of the Kyrgyz Republic and the institution of principles of the judiciary, including the content of the philosophical, theoretical and legal research of this formation in the works of philosophers and legal scholars.
According to the authors, the lack of the unified approach to understanding the content of the principles of administering justice entails the emergence of the practical problems in the organization and activities of courts.
The presented article examines the historical, legal and theoretical aspects of the development of the principles of justice. The formation of these basic provisions is revealed through the evolution of the philosophical concepts of Plato, Aristotle, G. Grotius, T. Hobbes, J. Locke, J.-J. Rousseau, I. Kant and G.J. Berman. The principles of the judiciary in the context of their existence as a basic category of law have been studied by many authors. The process of formation and becoming of general principles of law is analyzed, during which some basic provisions of law, influencing judicial procedures, arose up to the present time.
From the point of view of the authors came to the conclusion for the most part they are only theoretical studies do not have real access to the practical problems of law enforcement and lawmaking. This tendency is natural, since at that time the science of jurisprudence was faced with an ideological task - to really substantiate the expediency of functioning legislation and thus confirm the "wisdom and foresight of the state leadership".