Constitutional and legal basis for the formation of the corps of professional judges: foreign experience
Bibliographic description of the article for the citation:
Віталій Гудима. Constitutional and legal basis for the formation of the corps of professional judges: foreign experience//Science online: International Scientific e-zine - 2021. - №2. - https://nauka-online.com/en/publications/yurisprudentsiya/2021/2/15-5/
Annotation: The article reveals the constitutional and legal foundations and features of the formation of the corps of professional judges in foreign countries. It has been established that in many countries there is an independent specialized body, whose competence is to ensure the training of candidates applying for positions of judges, for example, in France – the National School of Magistracy, Georgia – the High Council of Justice, Poland – the National Council of Judicial Procedure, Germany – a selection committee, Croatia – Council of State, United States of America – Senate Judicial Committee, Great Britain – Commission on the Appointment of Judges. It has been established that the process of training candidates applying for judicial positions should take into account the aspect of skills development provided for in the Convention for the Protection of Human Rights and Fundamental Freedoms. It has been proven that in the context of the implementation of special training for candidates applying for judicial positions, one should rely on the provisions of Recommendation Rec(2004) of the Committee of Ministers is the Council of Europe to member states on the role of the European Convention on Human Rights in university education and vocational training. It has been determined that the constitutional and legal basis for the activities of institutions conducting vocational training of candidates applying for positions of judges is determined by a special law in many countries. It was found that professional training of judges takes place in the formats of a combination of an interdisciplinary approach to training with a multidisciplinary one, the use of various practical methods for teaching, based on the requirements of European legislation, the development of a program to improve the leadership and management skills of candidates applying for positions of judges. It is proposed to take into account the experience of France, Georgia, Poland, Germany, Croatia, the United States of America, Japan, Great Britain, and other countries when forming the corps of professional judges in Ukraine.