СИСТЕМА ВИМОГ ДО СУДДІВСЬКОЇ ПРОФЕСІЇ: ПРОФЕСІЙНО-ПРАВОВИЙ АСПЕКТ

Abstract

The article analyzes the professional and legal aspects of forming a system of requirements for the judicial profession. The latter, according to the author, should be based on the judge’s professional chart (description of the system of basic elements of daily activity of a judge in office), the requirements of international standards on the administration of justice, the rules of national legislation, as well as the rules and regulations developed by the bodies of judicial self-government. The application of the requirements to the judicial profession is relevant at the stage of professional training of judges, selection and competitive selection of judges, professional development and judicial career, consideration of complaints and application of disciplinary responsibility of judges. The general list of requirements for the judicial profession is defined as a set of personal requirements, professional requirements, as well as elements of the boundaries and framework of the judicial profession. Their generalization made it possible to distinguish the following groups of requirements for the profession of judge: 1) general requirements: professional, formed in the process of professional training and activity; personal, including psychological, acquired with experience and practice based on primary personal traits; 2) special requirements: originate separately for different jurisdictions; built on the basis of existing positions (including administrative) and the functions of judges. A characteristic that is one of the most important requirements for judges is the description of the signs of their independence. This principle is pivotal to others and deserves systematic implementation of the regulatory framework for the selection and evaluation of judges. On the basis of a thorough understanding of the content of the requirement of independence of activity of a judge, the necessity of improvement of Article 6 of the Law of Ukraine «On Judicial System and Status of Judges» is substantiated.