Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue 15 (27). Vol 2

DOI: 10.33098/2078-6670.2023.15.27.2.129-134 Prysiazhna A. Organizational and legal aspects of the formation of the corps of professional judges in Ukraine

Prysiazhna A. Organizational and legal aspects of the formation of the corps of professional judges in Ukraine

Purpose. The purpose of the work is to study the main problems of improving the procedure for forming the judicial corps. In order to create a truly authoritative, professional and, of course, independent judiciary in Ukraine, first of all, it is necessary to improve the system of forming the judicial corps. After all, the main prerequisite for both independence and a high legal status of a judge is proper staffing by highly professional, competent specialists. Methodology. The methodological basis of the study is a system of interrelated conceptual principles and methods, which make it possible to comprehensively and fully investigate the foundations of the reform of the judicial system and the formation of a qualified judicial corps. In particular, the following methods were used: the method of scientific forecasting and modeling; axiological method; historical-genetic method; logical method; formal legal method. Results. In the process of research, it was recognized that the selection of candidates for the position of judge, as a prerequisite for the formation of a qualified judicial corps, is a problem of general societal importance, which, due to constant changes in the political, socio-economic and cultural life of society, almost continuously maintains its relevance. Originality. In the research process, it was established that the formation of a highly professional and highly moral judicial corps is possible only on the condition that every citizen with a high legal culture and legal awareness wants to live in a fair, democratic and legal state. Practical significance. The conclusions, provisions and recommendations formulated in the article can be used in law-making activities; research work and educational process.

Key words: judge, judicial corps, selection, candidate for the position of judge, appointment of judges.

References

  1. Judicial reform: strategic planning and next steps. Retrieved from: https://vkksu.gov.ua/ua/news/sudowa-rieforma-stratiegitchnie-planuwannia-ta-podalshikroki/ (accessed 24 May 2023). (in Ukrainian)
  2. Kryvenko, V. (2006) Democratization of the judicial system of Ukraine: problems and prospects: PhD diss. Odessa: ONTU. (in Ukrainian)
  3. Korotun O. (2009). Organization and functions of judicial self-government according to the legislation of Ukraine: PhD diss. Kyiv. (in Ukrainian)
  4. Prylutsky, S. (2003). Formation of the corps of professional judges of Ukraine: PhD diss. Kyiv: T.G. Shevchenko Kyiv National University. (in Ukrainian)
  5. Obrusna, S.Yu. (2010) Judicial corps of Ukraine: concept and legal characteristics. Law forum, 3, 318-321. Retrieved from: http://www.nbuv.gov.ua/e-journals/FP/2010-3/10ocjtpx.pdf (accessed 24 May 2023) (in Ukrainian)
  6. Krusyan R. (2018) Reforming the judicial system of Ukraine: experience, modernity, trends: PhD diss. Odessa: ONTU. (in Ukrainian)
  7. About the judiciary and the status of judges: Law of Ukraine № 1402-VIII. (2016,  June 2). Vidomosti Verkhovnoyi Rady Ukrayiny, 31, 545. (in Ukrainian)
  8. Report of the European Commission “For Democracy through Law” (Venice Commission) on the appointment of judges. The report was adopted by the Venice Commission at its 70th plenary session (Venice, March 16-17, 2007). Retrieved from: http://www.scourt.gov.ua/clients/vsu/vsu.nsf (accessed 24 May 2023) (in Ukrainian)

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького