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THE PROCEDURE FOR SELECTION AND APPOINTMENT OF PROFESSIONAL JUDGES OF UKRAINE IN THE CONTEXT OF CONSTITUTIONAL AND LEGAL REQUIREMENTS FOR CANDIDATES

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 43)

Publication Date:

Authors : ; ; ; ;

Page : 58-66

Keywords : court; judge; requirements for candidates for judges; selection of candidates for judges; appointment of candidates for judges; special (professional) training of judges; position of judge;

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Abstract

The article reveals the peculiarities of the selection and appointment of professional judges of Ukraine in the context of constitutional and legal requirements for candidates. It has been established that the specifics of the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates are regulated by: the provisions and norms of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges»; the Regulations on the procedure for considering issues and preparing materials for the selection of candidates for the position of a judge for the first time, the Regulations on holding a competition for the vacant position of a judge, approved by the Decisions of the High Qualification Commission of Judges of Ukraine; the Kiev recommendations on the independence of the judiciary in Eastern Europe, the South Caucasus and Central Asia. It is determined that the main stages of the procedure of selection and appointment of professional judges are 14 stages, which can be systematized and recommended in such as: announcement of a competition for the selection of candidates for relevant positions; submission of documents by persons who intend to become professional judges, and their admission to the procedure for selecting candidates applying for the position of judges; the process of organizing the procedure for conducting inspections, as well as collecting information about candidates applying for the position of judges; passing anonymous testing (exam) by candidates applying for the position of judges and sending them to undergo special training; drawing up a qualification exam by candidates applying for the position of judges; drawing up by candidates applying for the position of judges of a re-qualification exam (if the qualification exam was not drawn up successfully the first time, then the candidate applying for the position of a judge can draw it up again, but not earlier than one year later); determination of the rating of candidates applying for positions of judges; the formation and assignment of candidates applying for the positions of judges to the reserve for their replacement of vacant positions of the judge in the future; passing a competition to fill a vacant position of a judge. It is noted that the prospects for further research in this direction are the study of the peculiarities of the procedure for the selection and appointment of candidates for the posts of judges of the Supreme Court.

Last modified: 2021-11-08 19:00:28