ResearchBib Share Your Research, Maximize Your Social Impacts
Sign for Notice Everyday Sign up >> Login

FOREIGN EXPERIENCE OF FORMATION OF THE CORPS OF JUDGES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 41)

Publication Date:

Authors : ;

Page : 77-85

Keywords : court; judge; corps of judges; judiciary; legal proceedings; justice;

Source : Downloadexternal Find it from : Google Scholarexternal

Abstract

The article presents the conceptual foundations of the formation of the corps of judges, based on the experience of foreign countries. It was found that the cconceptual foundations of the formation of the corps of judges are regulated by the Constitution of Ukraine, Conclusion No. 4 (2003) of the Consultative Council of European Judges, taking into account the Committee of Ministers of the Council of Europe on independent training and professional development of judges at the national and regional levels, Kiev Recommendations on the independence of the judiciary in Eastern Europe, in the South Caucasus and Central Asia, Conclusion No. 15 (2012) of the Consultative Council of European Judges on the specialization of judges. It has been established that one of the most effective mechanisms to prevent the influence of other branches of government on the judicial branch of government is the consolidation of the judicial branch, as well as support from civil society. It has been determined that the program of special training for candidates applying for positions of judges should not be limited to a strictly legal direction, since training should also be based on ethics and familiarization with other areas that are directly or indirectly related to the sphere of legal proceedings. It has been proved that the assessment of the level of professional performance of judges should be carried out according to criteria that indicate the level of professional competence, the level of personal competence, and the level of social competence. It was found that the preparation of candidates applying for positions of judges should be carried out by qualified judges and experts in each of the disciplines. It has been established that today in Ukraine it is necessary to strengthen judicial supervision over the processes of carrying out legal proceedings, as well as control the procedures for making court decisions. It is proposed that today the recruitment and formation of the judiciary should take place on an elective basis in order to restore the confidence of citizens and society as a whole in the activities of the judicial branch of government. Formation of the corps of judges, the experience of the USA, Germany, Poland, France, Italy and other countries should be taken into account. It is proposed to reveal the principles of the formation of the corps of judges in the future of the following studies.

Last modified: 2021-11-08 18:26:01