Reform of the Competition Procedure for Judges in Ukraine

Authors

  • Oksana SHCHERBANYUK Associate Professor Head of the Department of Justice, Chernivtsi National University

DOI:

https://doi.org/10.18662/eljpa/47

Keywords:

judicial reform, competitive selection of judges, competition, candidate for a position of judge, competition for the post of judge of the Constitutional Court of Ukraine

Abstract

The article is devoted to the problems of constitutional implementation of the competitive selection of judges. The practice of conducting competitive selection of judges is investigated and the necessity to improve its normative-legal support, in particular, the definition of the principles of conducting the competition and specific criteria for determining professional ethics and integrity of a candidate for a judge's position, is urgent. The relevance of the study of the problem of constitutional implementation of the competitive selection of judges is due to the aspirations of Ukraine through constitutional, legal and judicial -legal reforms to overcome the critical attitude to the judiciary, justice, judicial protection the rights and freedoms of the individual and to restore public confidence in the court. The purpose of the article is to study the problems of constitutional implementation of the competitive selection of judges, identify shortcomings, gaps in the provisions of the law and search for solutions to this issue. It is established that the legal mechanism of selection of candidates is intended to provide an objective assessment of not only their professional but also personal and moral qualities. The practice of conducting competitive selection of judges and the necessity to improve its normative and legal support, in particular, the definition of the principles of conducting the competition and the specific criteria for determining the professional ethics and integrity of a candidate for a judge position, is being investigated.

References

. Selivanov AO. The Judiciary Must Undergo a Reform of Its Authority and Trust. Voice of Ukraine. 2017 Nov 07; 6711 (206).

. Mishin NV, Mikhalova VO, editors. Constitutional Law of Foreign Countries. Vol. 1: General Part. Dnipropetrovsk: T.K. Middle School; 2014.

. Gorovenko VV. Problems of the Establishment of an Independent Judiciary in Ukraine. Kiev: Phoenix; 2007.

. The Constitution of Ukraine as of 2017 Sep 01, Kharkiv: Law; 2017.

. Academic Explanatory Dictionary of the Ukrainian Language. Available from: http://sum.in.ua/.

. Shemshuchenko YS, editor. Large Encyclopedic Legal Dictionary Kiev: Yurid; 2007.

. Zelensky V. Competition in the System of Legal Facts: The Grounds for the Emergence of Labor Relations. Customs. Vol. 96 (6): 502-506.

. The Law of Ukraine on the Judiciary and Status of Judges dated 2016 Jun 02. Available from: http://zakon0.rada.gov.ua/laws/show/1402-19/print

. Moskvich LM. Organizational and Legal Problems of the Status of Judges. Kharkiv: National Law Academy of Ukraine named after Yaroslav the Wise; 2003.

. Marochkin IE, Moskvich LM, Nazarov IV et al. Judiciary: monograph. Marochkin IE, editor: Law; 2015.

. Skomoroha LV. Competitive Selection of Candidates for the Position of Judges, International Experience and National Realities. Available from: http://www.vru.gov.ua/Docs/a160909.pdf.

. United Nations General Assembly Resolutions No. 40/32 of 1985 Nov 29 and No. 40/146 of 1985 Dec 13 on the basic principles of the independence of the judiciary. Available from: http://zakon1.rada.gov.ua /laws/show/995_201.

. European Charter on the Status of Judges 1998 Jul 10. Available from: http://zakon3.rada.gov.ua/laws/show/994_236.

. Conclusion of the Venice Commission on the Law of Ukraine on the Judiciary and Status of Judges of 2017 Jun 30. Available from: https://vkksu.gov.ua/userfiles/doc/perelik-dokumentiv/visnovok_osce. pdf.

. Joint O.S.C.E./O.D.I.H.R. Venice Commission Conclusion on the Draft Amendments to the Regulatory Framework for Disciplinary Responsibility of Judges in the Kyrgyz Republic of 2014 Jun 16. Available from: http://www.legislationline.org/documents/id/19099

. United States Courts. Canon of U.S. Court Ethics. Available from: http://www.uscourts.gov/.

. Draft Law on the Supreme Curt Anti-Corruption No. 7440 of 2017 Dec 22. Available from: http://w1.c1.rada.gov.ua/pls/zweb2/webproc 4_1?pf3511=63218.

. "Purgatory" of the Supreme Court: What Came Out of the Country's First National Contest for Judges. Available from: https://nv.ua/ukr/ukraine/events/chistilishche-verhovnogo-sudu-shcho-vijshlo-z-pershogo-v-istoriji-krajini-konkursu-suddiv-1084418.html.

. United States Supreme Court decision of 2018 Feb 01. Available from: http://reyestr.court.gov.ua/Review/72029066.

. United States Supreme Court decision of 2018 May 02. Available from: http://reyestr.court.gov.ua/Review/72064913.

. United States Supreme Court decision of 2018 Feb 06. Available from: http://reyestr.court.gov.ua/Review/72065254.

. United States Supreme Court decision of 2018 Feb 01. Available from: http://reyestr.court.gov.ua/Review/72029066.

. The Law of Ukraine on the Constitutional Court of Ukraine of 2017 Jul 13. Available from: http://zakon3.rada.gov.ua/laws/show/2136-19/print.

. Decree of the President of Ukraine No. 306 of 2017 Oct 04. Available from: //www.president.gov.ua/documents/3062017-22754.

. Terms of holding a competition for vacant positions of judges of the Constitutional Court of Ukraine, approved by the minutes of the meeting of the Commission from 2017 Oct 18. Available from: http://www.president.gov.ua/news/umovi-provedennya-konkursu-na-zajnyattya-vakantnih-posad-sud-44022

. Vodyannikov O. Competition to the Constitutional Court from the Judiciary: An Equation with Six Unknowns. Available from: https://ukr.lb.ua/blog/oleksandr_vodennikov/381760_konkurs_konstitutsiynogo_sudu_vid.html

Downloads

Published

2018-12-17

How to Cite

SHCHERBANYUK, O. (2018). Reform of the Competition Procedure for Judges in Ukraine. European Journal of Law and Public Administration, 5(2), 115-127. https://doi.org/10.18662/eljpa/47