| Article title | Some Components of the Judge’s Position in Ukraine |
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| Authors |
LIUDMYLA SKOMOROKHA
Candidate of Law, Honored Lawyer of Ukraine, Head of the Department for the Exercise of Powers on the Independence of Judges of the Secretariat of the High Council of Justice (Kyiv, Ukraine) skomorokhalv@gmail.com
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 11 / 2024 |
| Pages | 106 - 114 |
| Annotation | The article examines the issues of ensuring the formation of an effective, independent judicial corps of Ukraine. The author draws attention to the little-studied issue of the procedure for acquiring the powers of a judge in Ukraine, as well as certain aspects that may lead to the deprivation of the status of a judge. The need to standardize the procedure for completing the initial training of a judge is noted, taking into account the provisions of paragraph 141 of part one of article 106 of the Law of Ukraine “On the Judiciary and the Status of Judges”. The degree of people’s trust in the government determines the level of democratization of society, its attitude to such concepts as patriotism, loyalty, unity in relation to national ideas and goals, and the desire to build a democratic, legal state that can guarantee its citizens well-being and prosperity. The judiciary is obliged to act in accordance with the Constitution and laws of Ukraine, and this is a manifestation of the state-power of the judiciary, which must not neglect its principles and must always act in the name of law and justice. It is the high mission of the court that makes it possible to build a civil society, whose members and their associations enjoy a wide range of rights and freedoms, and all their relationships are built on the basis of law. The purpose of the article is to highlight the importance and relevance of studying the legislative establishment of the procedure and conditions for failure to undergo initial training by a judge who has no experience in the judge’s position, as well as a clear determination of the disciplinary penalty that should be imposed on a judge for failure to undergo the specified training. Ukraine is in a state of constant search and improvement of ways to form an independent judicial branch of power. However, these processes should not slow down the activity of the court and its replenishment with new judges, because life does not stand still and the judicial corps needs constant renewal. The formation of a judicial corps from among the individuals who are most suitable for the position of judge in terms of their professional and personal qualities is one of the key aspects of the successful completion of judicial reform and the creation of a strong and independent judiciary that has high authority in society. The author draws conclusions regarding: the feasibility of a comprehensive consideration of the issue of the effectiveness of the judicial corps in Ukraine; the importance of drawing attention to the issue of the formation of the judicial corps; the need to apply transparent and understandable procedures for occupying the position of judge, which have clear legislative regulation, in order to prevent the use of subjective factors or the influence of third parties. |
| Keywords | judiciary; judge; initial training of a judge; disciplinary liability of a judge; independence of judges |
| References | Bibliography Authored books 1. Hroshevyi Yu, Marochkin I, Orhany sudovoi vlady v Ukraini (In Yure 1997). 2. Leko B, Yurydychna etyka: navchalnyi posibnyk (Knyhy – XXI 2008). 3. Shyshkin V, Sudovi systemy krain svitu. U 3-kh kn. Kn. 1: navchalnyi posibnyk (Iurinkom Inter 2001) 311–313.
Journal articles 4. Vinokurova L, ‘Sudova systema v Ukraini: neobkhidnist reformuvannia’ [2007] 32 Aktualni problemy polityky. Zbirnyk naukovykh prats 111–119. 5. Zadorozhnii O, Hnatovskyi M, ‘Pravova systema Ukrainy v yevropeiskomu pravovomu prostori’ [2002] 2 Ukrainskyi chasopys mizhnarodnoho prava 29–32. 6. Stefaniuk V, ‘Sudova vlada yak osnovna yurydychna harantiia zakhystu prav i svobod liudyny i hromadianyna v Ukraini’ [2001] 1 Pravo Ukrainy 5–16. |
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