ECONOMIC COMPONENT OF THE JUDICIAL CAREER DEVELOPMENT SYSTEM

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Published: Nov 17, 2023

  Sergey Vitvitskyi

  Olena Nazymko

  Tetiana Ponomarova

Abstract

The aim of this article is to review the concept of judicial immutability as a fundamental criterion for evaluating the national judiciary system and to ascertain the distinctive features of selecting qualified candidates for judgeship. Additionally, the present condition of the judiciary formation will be examined, alongside identifying the essential economic requirements necessary and sufficient to promote the development of the judiciary system in Ukraine. A scientific discussion of the problem of creating an impartial and transparent procedure for the formation of the judiciary. It is noted that the principle of judicial immutability as a basic criterion for assessing the national judicial system is implemented through: 1) the normatively defined age limit of a judge; 2) a non-alternative list of cases in which a judge may be transferred to another position (including a lower one) without his consent; 3) the established procedure for bringing a judge to disciplinary responsibility; 4) an extensive system of bodies performing organisational, administrative and control functions; 5) provision for the assessment of a judge's activity by independent public bodies (the Council for Public Integrity); 6) available competitive selection for the position, except for the cases established by law. It is found that the current state of formation of the judiciary can be defined as unsatisfactory, which is due to the following reasons: 1) unstable functioning of the institutions responsible for the competitive selection of candidates for vacant positions of judges; 2) inhibition of the judicial reform as a result of the introduction of the legal regime of martial law; 3) decrease in the quality of the financing of the judicial system due to the unstable political and economic situation in the country; 4) lack of an effective algorithm for bringing judges to disciplinary responsibility; 5) an excessively extensive system of subjects for assessing the compliance of candidates for the position of a judge with the requirements set forth in regulatory and legal acts. Results. It is established that the peculiarities of the qualification selection of candidates for the position of a judge include: 1) selection of judicial candidates based on three criteria (competence; professional ethics; integrity); 2) differentiation of subjects for assessing the compliance of a candidate for the position of a judge with a certain criterion defined by law; 3) lack of clear procedural requirements for the High Qualification Commission of Judges of Ukraine as a body tasked with the formation of the judiciary; 4) predominance of discretionary powers of the High Qualification Commission of Judges of Ukraine as the main basis for consideration by the High Council of Justice of recommendations on appointment of a candidate for the position of a judge. It is specified that the economic component of the system of career advancement of judges requires solving such problems as: 1) timely identification and elimination of corruption risks and threats, which should be carried out not by branching the bodies involved in the evaluation of candidates for the position of a judge, but by improving the qualification selection procedure; 2) improving the secondment procedure as a temporary transfer of a judge to another court of the same level and specialisation, which became particularly relevant in connection with the introduction of a special legal regime of martial law and the temporary occupation of certain areas of the state; 3) improving the procedure for attracting international donors for financial support to the judiciary and standardising the procedure for obtaining and using such funds.

How to Cite

Vitvitskyi, S., Nazymko, O., & Ponomarova, T. (2023). ECONOMIC COMPONENT OF THE JUDICIAL CAREER DEVELOPMENT SYSTEM. Baltic Journal of Economic Studies, 9(4), 72-78. https://doi.org/10.30525/2256-0742/2023-9-4-72-78
Article views: 330 | PDF Downloads: 146

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Keywords

career advancement, judiciary, judicial power, justice, economic component, judicial tenure, reform, qualification selection

References

The Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII. Available at: https://zakon.rada.gov.ua/laws/show/1402-19#Text

Strategy for the Development of the Judicial System and Constitutional Justice for 2021-2023. Available at: https://zakon.rada.gov.ua/laws/show/231/2021#Text

Riadinska, V., & Karpushova, O. (2018). Qualification attestation of judges in Ukraine as a necessary condition for ensuring the principle of independence of the judiciary. Available at: http://pgp-journal.kiev.ua/archive/2018/10/43.pdf

Babko, V. (2022) Improving the system of career promotion of judges: national and foreign experience. Private and Public Law, vol. 4, pp. 111–116

Disciplinary proceedings against judges 2017-2020: statistical dimension. Available at: https://dejure.foundation/vrp-statanaliz

Disclaimer: The Ukraine Rapid Damage and Needs Assessment – August 2022 report was jointly prepared by the World Bank, the Government of Ukraine, and the European Commission. Available at: https://iceg.com.ua/wp-content/uploads/2022/09/SHvidka-otsinka.pdf

Prylutskyi, S. (2017). Immutability of judges in Ukraine: constitutional and legal regulation and problems of implementation. Public Law, vol. 1 (25), pp. 73–82