Three-Tier Concept of Interaction Between the Judiciary and the Public: Theoretical Foundations and Prospects for Development

Abstract

The article develops a three-tier concept of interaction between the judiciary and the public, encompassing communicative, integrative, and institutional levels, aiming to provide a theoretical foundation for their collaboration and to identify prospects for development amidst Ukraine’s democratization and European integration. The study seeks to systematize the forms and mechanisms of interaction, enhance the transparency of justice, and strengthen public trust in the judicial system.

A comprehensive approach was employed, including a theoretical-legal analysis of the concepts of “judiciary” and “public,” a comparative method to examine international experiences (Poland, Canada, Israel, Estonia), and a systemic analysis of modern cooperation tools, such as digital technologies, jury trials, mediation, and public oversight. The theoretical foundation comprises works by domestic and international scholars, as well as Council of Europe standards.

A three-tier model of interaction is proposed: 1) the communicative level ensures transparency through informing, consulting, and dialogue, enhanced by artificial intelligence and information-media centers; 2) the integrative level engages the public in justice through jury trials, justices of the peace, advisory councils, and mediation, increasing the legitimacy of courts; 3) the institutional level implements public oversight through civil society institutions, such as the bar association and the Public Integrity Council, ensuring accountability. The analysis revealed that Ukraine lacks normative regulation of public oversight and institutional capacity of organizations, which limits the effectiveness of interaction.

The three-tier concept serves as a universal tool for improving the judicial system, accounting for both legal and societal aspects. Its implementation will facilitate greater access to justice, enhance public trust in courts, and promote the democratization of justice. Prospects for development include the adoption of digital technologies, reform of jury trials, introduction of justices of the peace, and normative regulation of public oversight in line with international standards. The concept provides a theoretical basis for further research and practical reforms in the context of European integration.