Proposals to improve the legal foundations for qualification of judges
Автор: Kiryuschenko I.I.
Журнал: Ex jure @ex-jure
Рубрика: Публично-правовые науки
Статья в выпуске: 2, 2023 года.
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The article points out the imperfection of the legal regulation of the qualification certification of judges and suggests some changes aimed at optimizing this important component of the formation of a highly qualified judicial corps. The author formulated the purpose and objectives of the qualification certification of judges. A list of additional information submitted to the judge's attestation case is proposed. Taking into account the analysis of foreign experience, the list of parameters by which the judge should be evaluated is highlighted. Evaluation criteria, their content and sources of information for each criterion are defined for each parameter. Qualification certification of judges is classified by type (scheduled, unscheduled and repeated), their purpose is disclosed. The conclusion is made that the negative result of the qualification certification should be considered as a reason for an appropriate verification of facts and circumstances with the conclusion that there are or are not signs of disciplinary misconduct in the actions (inaction) of the judge, or that the judge does not meet the requirements established by regulatory legal acts or the Code of Judicial Ethics, or insufficient qualifications. Measures to eliminate conflicts of interest in the certification process are proposed.
Qualification certification of judges, formation of the judicial corps, scheduled qualification certification, unscheduled qualification certification, recertification, psychodiagnostic examination, characteristic of the judge, conflict of interest
Короткий адрес: https://sciup.org/147240991
IDR: 147240991 | DOI: 10.17072/2619-0648-2023-2-30-48