Qualification boards of judges and the problem of independence of the judiciary in the Russian Federation
Автор: Faroi Tatyana V.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Теория и история права и государства, история учений о праве и государстве
Статья в выпуске: 2 т.15, 2018 года.
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The article deals with the problems, relating to the independence of the judiciary branch in Russian Federation. The Author analyzes the statutory competences and powers of the qualification boards of judges, which play a key role in the implementation of personnel policy in the judiciary. According to researchers, the existing laws do not guarantee the independence of judges. The fate of judges is decided by the Chief-executive with the participation of his subordinates, but not by judges and the public, which makes judges dependent on the executive branch. This is a clear violation of the constitutional principle of the independence of judges. The article presents the positions of a number of legal scholars, who believe, that currently the competence and powers of the Qualification boards of judges are overstated and require adjustment. The article concludes, that it is necessary to amend the legislation of the Russian Federation, providing for the participation of representatives of the legal scientific community in the work of Qualification boards of judges.
Constitution of russian federation, law, judiciary, independence of the judiciary, qualification boards of judges, formation of the judiciary, public representative, election of judges
Короткий адрес: https://sciup.org/143163697
IDR: 143163697 | DOI: 10.19073/2306-1340-2018-15-1-130-136