Biletska A. Realization of the principle of specialization in the organization of the work of the court

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003089

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

20-06-2019

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The dissertation is the first scientific research in Ukraine about problems of the implementation of the principle of specialization in the organization of the work of the court. There are such issues that are comprehensively studied in the dissertation as: theoretical and legal bases of specialization of judicial personnel; the specialization of judges as a mechanism for improving the quality and efficiency of justice; general principles of the implementation of the principle of specialization during the preparation and work of staff of the court apparatus; organizational and legal problems of introduction of judicial specialization in the field of intellectual property in Ukraine and introduction of anticorruption specialization in the system of judicial system of Ukraine and specialization of judicial personnel in juvenile justice system, as well as prospects of introduction of specialization of judicial personnel in the system of judicial system of Ukraine. It has been established that specialization as a special form of social relations is such unity of mutually conditioned factors that manifest themselves, on the one hand, in the narrowing of the sphere of human activity, the restriction of functional parameters, on the other - concentration, mobilization of its efforts in a strictly defined direction, which in aggregate allows faster, better and with the least cost to solve a greater set of tasks. The legal specialization, which is a prerequisite for existence of the specialization of courts and judges, is singled out. The principles on the basis of which the principle of specialization in the organization of the work of the court should be implemented are defined. It is proved that the specialization of judicial personnel is at the same time the basis of the construction of the judicial system of the state and an important way of its dynamic progressive development. The problem aspects of the implementation of the principle of specialization in the organization of the work of the court are comprehensively studied by author. It has been established that not only specialization at the court level will increase the efficiency of legal proceedings, but also the introduction of specialization in the selection of candidates for a position of judge. To change the procedure for conducting qualifying and selection examinations is proposed: 1) to establish a more demanding curriculum that would corresponded to the requirements of the Law of Ukraine "About Higher Education", that is, it did not duplicate curricula of master’s level in higher education institutions of legal orientation, but was directed to the training of specialists exclusively judicial activity; 2) to divide the special training into two separate blocks is proposed. The first unit includes the discipline of fundamental, social, institutional and functional orientation, which belongs to the blocks of judges’ skills, judicial system and ethical and deontological aspects of judicial activity, which should be mandatory for all candidates. The second block must be made, first, selective, and, secondly, so that corresponds to the type of legal proceedings. The issue of introducing a new supreme specialized court on intellectual property is examined in the dissertation. To change the name of the Supreme Specialized Intellectual Property Court to the "Specialized court for the consideration and resolution of intellectual property disputes", since the existing name does not correspond to the real principles of the existence of such a court is proposed. To change the approach to the personnel formation of the Supreme Intellectual Property Court : to allow for the participation in the competition of scientists who have the necessary experience and experts who work in the relevant expert institutions is also proposed.

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