Kuzmyshyna O. Legal procedures for qualification assessment of judges: administrative and legal aspect

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103299

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

09-07-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

In the dissertation on the basis of in-depth study of scientific and theoretical approaches, analysis of legislation and systematization of law enforcement practice the administrative and legal aspects of legal procedures of qualification assessment of judges are defined, and the new directions of improvement of the current legislation are formed. The concept and legal nature of qualification assessment of judges is formed. The principles of the legal procedure of qualification assessment of judges in Ukraine as ideological bases of administrative and organizational character are determined. The system of subjects of the legal procedure of qualification assessment of judges is revealed. The tools of the legal procedure of qualification assessment of judges are revealed. The procedure of compliance of a judge (candidate for the position of a judge) with the criterion of professional competence is described. The peculiarities of the procedure of compliance of a judge (candidate for the position of a judge) with the criterion of professional ethics have been formed. The essence of the integrity of a judge (candidate for the position of a judge) as a criterion for qualification assessment is revealed. The algorithm of the procedure of qualification assessment of a judge (candidate for the position of a judge) is determined. The peculiarities of the procedure of qualification assessment of a judge in connection with the imposition of a disciplinary one are revealed. The nature of the qualification assessment procedure to confirm the judge's suitability for the position has been determined. The analysis of foreign experience of the legal procedure of qualification assessment of judges is carried out. The directions of improvement of the legal procedure of qualification assessment of judges in Ukraine are formed.

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