Проблемы в процедуре наделения полномочиями судей, угрожающие их независимости

Закон. 2019. № 4. С. 83–91.

Mikhaylov V.

The present article is, according to the author’s intention, a continuation of the research in this direction and is presented as a regular publication from a series of works devoted to various areas of regulation of the status and activities of judges in the context of ensuring their independence.[1]

The significance of the principle of independence of the judiciary while exercising its main function - justice - for a state that has declared itself legal and democratic, striving to truly respect the rights and freedoms of citizens, is difficult to overestimate. Its presence and reasonable implementation contributes to objective and impartial justice, which, generally, is proclaimed as the main goal of each new reform of the judicial system. However, the changes of the last years, introduced into the judicial system, were mostly aimed at strengthening institutional independence, leaving unattended the individual independence - the judicial one. Experience has shown, that they are closely interrelated with each other and are not separately achievable.

Therefore, there comes a special meaning of the other stage of formation of the judiciary, which is the main one, namely, the process of empowering as a judge those candidates who meet the established requirements. This procedure has a multi-level structure, consisting of both a number of formally fixed verification measures and filters, as well as restrictions that are not directly provided by law, but are actively applied in practice.

The investigation identifies problems of organizational character related to the order of formation of bodies of the judicial community and of functional character, revealing the ambiguous nature of the procedure for vesting judicial powers, and this research also formulates proposals for overcoming current problems in order to strengthen the guarantees of judicial independence.

 

[1] First work from a series if works: Mikhaylov V.K.  Some requirements for candidates for the post of a judge as a threat to the independence of the judiciary // Court Administrator.  2019. № 1. P. 3 - 7.

Keywords: квалификационный экзамен, суд, судебная власть, court, порядок назначения судей, принцип независимости судей, judicial authority, principle of independence of judges, procedure for appointing a judge, qualification exam