Адміністративне правo і процес
ISSN: 2227-796X

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

Slobodianyk N.S. Foreign experience of judiciary formation.
The article highlights the main approaches to the formation of the judicial corps in foreign countries. The emphasis is made on the research of foreign experience. It analyzes current models of selection of judges and their dismissal. On this basis, are outlined the main directions of new initiatives in reforming the judiciary in Ukraine. Foreign experience of formation of the judicial corps in foreign countries is very important for Ukraine.
Picking the judiciary courts boils down to two questions:
1) who may be replaced judges and 2) how should be re- placed. The procedure for replacing judicial positions can be performed in different ways, and they all boil down to four model systems: 1) the election; 2) election of judges by their peers; 3) appointment of the government at his discretion; and
4) the appointment by the Government of the competition.
In France, all decisions on the appointment of judges to the posi- tion of President are signed by the recommendation of the High Council of Justice (for judges of Court of Cassation) and the Ministry of Justice and the Council of Judges (for other judges). In Germany, the academic training of German lawyers must necessarily be combined with practical and professional training for future lawyers of different law enforcement agen- cies and it is a separated stage of preparation of judicial can- didates. In addition there is also a serious psychological and psycho-emotional training of judicial candidates.
In Sweden, most of the candidate judges begin service after graduation. Replacement of public office is based on busi- ness considerations, merit and competence individuals.
In Poland, the appointment of judges (both general jurisdic- tion of the military and administrative) is done by the Presi- dent. Important in the formation of the judiciary in Poland is Polish Union Council of Justice.
Today in Ukraine can be implemented the principle of elect- ing judges to restore public confidence in the judiciary. So should formulate a model that will ensure the most effective implementation of the idea of direct election of judges by people. This model should have optimally balanced rights and legitimate interests of the citizen and the state.
 

Bulba H. S. Judicial reform in Ukraine: Current State and Prospects for improvement

    The problem of reforming the judiciary in Ukraine currently fi nds its relevance, because the most important prerequisites for the development of civil society should be high-quality, stable legislation and effective justice that can really ensure protection of rights and freedoms, the interests of society and the state. The aim of the research or the aim of the article is to develop scientifi cally based – proposals for further reform of the judicial system of Ukraine.

    Already 24 years of independence of our judicial system of Ukraine «experienced» some major reforms, a large number of developed concepts that are not destined to become acts of legislation. But fundamental changes made after judicial reform of 2010, which radically changed the three components of domestic justice – judiciary, status of judges and the judiciary. Instead, judicial reform 2014-2015 years started with the adoption of normative - legal acts, namely the Law of Ukraine «On restore confi dence in the judiciary in Ukraine» from 08.04.2014 № 1188-VII, «On cleaning power » from 16.09.2014 № 1682 -VII, «On ensuring the right to a fair trial» from 12.02.2015 № 192-VIII, which has to or should settle disputes concerning the reform of the judiciary in Ukraine and take into account international experience. However, after above-mentioned reform the judicial system of Ukraine still needs some changes: we should implement or synonym legal and organizational principles of access to justice and transparency; to create a legal and organizational basis of independent and effi cient judicial system; eliminate cases of selective justice and ensure the right to a fair trial for all persons to whom the investigation is underway, including the right to review the verdict higher authority; to adopt anti-corruption package, which includes the declaration of income and expenses, as well as access to public information for each declaration; ban the interference of the executive and legislative authorities on the activities of the judiciary in Ukraine.

Ви тут: Home Архів номерів #3(13)/2015 Показати матеріали по тегу: judge