The dissertation provides a theoretical generalization and a novel solution to the scientific task, which is to clarify the features of the legal regulation of the implementation of the right to work by judges, and based on the positive domestic and foreign experience, develop a series of proposals and recommendations aimed at improving the norms of general and special labor legislation in the relevant field.
A historical and legal analysis of the formation and development of the system of legal regulation of the work of court employees in general and judges in particular has been conducted. Attention is focused on the fact that the most active development of legislation on the work of judges began after Ukraine acquired the status of an independent state. It is during this period that a large number of legislative and subordinate normative legal acts are adopted, the provisions of which are aimed at regulating social relations in the relevant sphere.
It is emphasized that judges are subjects of labor law, just like any other individuals engaged in work in enterprises, institutions, and organizations. This is determined by several factors: firstly, judges, like other categories of workers, are endowed with guarantees for the implementation of the right to work, which are provided by the Constitution of Ukraine, as well as the Labor Code of Ukraine; secondly, in order to become a judge, a person must possess labor legal capacity.
It is established that the right to work of judges is an inseparable right guaranteed by the Constitution of Ukraine, as well as the provisions of general and special labor legislation, and it is the subjective right of a citizen to realize their labor potential in the field of administering justice. However, in doing so, they must possess special labor legal capacity, which is determined by the special legislation regulating the work of judges.
Emphasis is placed on the fact that the peculiarities of the implementation of the right to work by judges are associated with regulating working hours, labor standards, and rest time for this category of subjects of labor law, as well as the presence of additional guarantees for the exercise of this right as a whole, which are not available to employees in other state and non-state sectors.
It is proven that in the system of legal regulation of the implementation of the right to work by judges, a key place belongs to the norms of labor law because it is through these norms that: firstly, certain aspects of the labor legal capacity of judges are regulated; secondly, the basic principles of carrying out work activities are determined, namely working time, rest time, and the basis of social security for the researched subjects of labor law. It is noted that alongside the norms of general labor legislation, significant importance is given to the norms of special legislation that directly regulate the process of administering justice by judges.
It is argued that the existence of legislatively established requirements for candidates for judicial positions is of great importance because: firstly, it establishes an objective "threshold" which a person must meet in order to be eligible for a judicial position; secondly, it informs candidates in advance about the necessity of fulfilling certain requirements in order to participate in the selection process for a judicial position; thirdly, it effectively eliminates discriminatory elements, as the presence of legally regulated conditions counteracts arbitrariness in the process of selecting candidates for judicial positions and the imposition of subjective or unlawful requirements.
A number of peculiarities of the selection and appointment process for judicial positions are identified, which are not inherent in the mechanism of employment for most other categories of workers, including: the overall complexity of the selection and appointment process for candidates for judicial positions, which includes three major stages during which the suitability of a person for the future position and the presence of necessary skills and knowledge are assessed; the selection and appointment process involves the participation of a group of state authorities and judicial self-government entities, each having its own range of tasks and powers in the aforementioned process; the existence of legislatively outlined requirements for candidates for judicial positions, as well as procedures for their verification; the established mechanism of initial professional training (special preparation) and assessment of the knowledge and skills acquired during the training for candidates for judicial positions, as prescribed by the legislation of Ukraine, and more.
