Отдельные требования, предъявляемые к кандидатам на должность судьи, как угроза независимости судебной власти

Администратор суда. 2019. № 1. С. 3–7.

Mikhaylov V.

This article opens a series of works devoted to the issue of the independence of the judiciary in the Russian Federation.  It notes that, starting with the requirements for a candidate for the position of a judge, it is necessary to exclude as much as possible the discretion in assessing and deciding on the applicant's compliance with the objective requirements for the candidate for the position of judge.

The author, when analyzing the norms regulating the criteria that a candidate for a high judicial status must match, comes to the conclusion that they are imperfect and have the opportunity to carry out unreasonable interference.

So, for example, it raises questions of a statutory prohibition for a candidate and a judge to have a residence permit in a foreign state.  According to the author, the procedure for determining the candidate's (and the current judge's) illnesses that impede the exercise of the judge's authority is also ambiguous. With the existing system for regulating the procedure for initiating criminal cases and the absence of any additional guarantees for candidates for the position of a judge, the prohibition imposed on the applicant, who was recognized as a suspect or accused of committing a crime, may also pose a serious problem.  Finally, the author criticizes the wording of the norm that puts forward the requirements for the formation of a candidate. 

Based on the results of the analysis, proposals are made to correct the discussed regulatory flaws, which, in the author's opinion, will eliminate existing contradictions, make the selection procedure more open and understandable, including for challenging illegal refusals to admit to refereeing, will broaden the choice of the judge among the most qualified and worthy candidates.

Keywords: суд, судебная власть, judiciary, court, principle of judges' independence, requirements to a candidate for the position of judge, принцип независимости судей, требования к кандидату на должность судьи