PROCEDURE FOR THE SELECTION AND APPOINTMENT OF CANDIDATES FOR JUDICIAL POSITIONS: UKRAINIAN AND FOREIGN EXPERIENCE

Abstract

The article examines the issues of the procedure of selection and appointment to the position of a judge in Ukraine and in some foreign countries. It is noted that, taking into account the role of the judiciary in a democratic state, the personnel composition of this branch of government is of utmost importance. And therefore, the powers regarding its formation require a separate study, since it is this stage that depends on the extent to which the judiciary will be able to perform the functions of justice in the state. At the same time, it is determined that the procedure for electing and appointing candidates for judicial positions can be very different: from appointment by the highest officials of the state to direct election by the people or the population of a separate administrative-territorial unit. The main principle of the democratic procedure for electing and appointing a candidate for the post of judge is to ensure his political neutrality and independence from other branches of government. Modern trends in the legal regulation of the procedure for selection and appointment to judicial positions in various countries testify to the creation of special commissions either as independent bodies of state power, or as assistants to the higher judicial councils, which have the right to collect documents and evaluate the level of training of candidates from a professional point of view , as well as, what is no less important, their compliance with the criteria of ethics, morality, and integrity. The procedures for the selection and appointment of candidates for judicial positions consist of a number of stages, within which the submission and examination of documents certifying the candidate’s education, experience of professional activity and other achievements, qualification exams, tests and interviews are conducted to identify general social, communicative, psychological, personal qualities of the future judge. A comparative analysis of the Ukrainian legislation regarding the stages of selection and appointment to the position of a judge with the corresponding provisions of individual countries shows a much higher level of regularization of the relevant processes, a cumbersome, long-term and complex procedure for the formation of the judicial corps. Despite the fact that for young democracies, to which Ukraine belongs, the corresponding complicated mechanisms can be considered justified, nevertheless, certain provisions of the domestic legislation need improvement, first of all, due to too wide discretionary limits of the Supreme Court of Ukraine and the Supreme Court of Ukraine regarding the adoption of a final decision on the recommendation of a candidate for the position of judge. the presence of separate provisions in the legislation that contradict each other.