Адміністративне правo і процес
ISSN: 2227-796X (Print), ISSN: 2617-8354 (Online)

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

 

Tubelets О. S., Paryshkura V. V. Administrative liability of persons who have the status of a judge as a factor of formation of highly professional judiciary

    The article provides valuable information on theoretical and practical aspects of administrative liability of persons who have the status of a judge. The analysis of correlation of judges’ administrative and disciplinary liability has been performed in this article. The article highlights the problem of legislative regulation of holding responsible persons who have the status of a judge, including to administrative liability. The optimal ways of solving the aforementioned practical issues in the fi eld have been proposed.

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.
 
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