FORMATION OF THE CORPS OF JUDGES IN UKRAINE: PROBLEMS, WAYS TO SOLVE THEM AND DEVELOPMENT PROSPECTS

The article reveals the conceptual and legal foundations of the formation of the corps of judges in Ukraine from the standpoint of the main problems and ways of solving them and development prospects. It was found that the conceptual and legal foundations of the formation of the corps of judges of Ukraine are governed by the norms and provisions of the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On the Purification of Power» and the Labor Code of Ukraine. It has been established that the term «formation of the corps of judges» should be understood as an integral set of procedures defined by the current legislation of Ukraine, regarding the selection of appropriate persons for the positions of judges, according to the analysis of the compliance of these persons-applicants for the position, with special criteria of personal and professional qualities. It is determined that candidates applying for the position of a judge must meet the requirements defined in Article 69 «Requirements for candidates for the position of a judge" of the Law of Ukraine «On the Judicial System and the Status of Judges», in particular, be only citizens of Ukraine who are not under 30 years and not older than 65 years, have a higher legal education and experience of professional activity in the field of law for at least 5 years, be virtuous, competent and speak the state language. It was found that candidates applying for the position of a judge must submit to the High Qualification Commission of Judges of Ukraine a package of documents, the list of which is defined in Article 71 «Application of a candidate for the position of a judge to the High Qualification Commission of Judges of Ukraine» of the Law of Ukraine «On Judicial System and Status of Judges». It has been established that the conceptual and legal basis for appointing persons to the posts of judges is defined in the Law of Ukraine «On the Judicial System and the Status of Judges», in particular in Section IV «Procedure for holding the office of a judge». It was found that the High Council of Justice operates in Ukraine to ensure the formation of a highly professional and virtuous corps of judges. It has been proved that the legal foundations of the stage of conducting a special check of a candidate for the position of a judge are defined in part 1 of article 74 «Conducting a special check of a candidate for the position of a judge» of the Law of Ukraine «On the Judicial System and the Status of Judges». It has been established that the lustration procedure is a key aspect of a special check of a candidate for the position of a judge. It has been determined that the prospects for further research in this direction are the study of international standards for the formation of the corps of judges as a basis for improving the guarantees of the independence of the court and judges.