Shunko M. Administrative and legal status of judges of higher specialized courts in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0824U001348

Applicant for

Specialization

  • 081 - Право

28-09-2023

Specialized Academic Board

2072

Sumy State University

Essay

The dissertation based on the analysis of the legislation of Ukraine, international legal acts, judicial practice, legal doctrine, aims to determine the essence and reveal the peculiarities of the administrative-legal status of judges of higher specialized courts in Ukraine, as well as based on studying domestic and foreign experience countries to identify shortcomings and gaps in the legislation and to find out the prospects for its further improvement. As a result of the conducted research, several conclusions and proposals were formulated, consisting of the following. It is proposed to classify the principles of activity of judges of higher specialized courts in Ukraine into: 1) general ones, which develop and enshrine in special laws the independence of judges, relations peculiar to different branches of government); 2) organizational, i.e. those that regulate relations regarding the organization of the judicial system, the structure of its bodies, the status of judges, etc.; 3) procedural, which regulate relations that arise during the implementation of a specific type of judicial proceeding. It has been proven that the importance and significance of the position of a judge determines the existence of certain clear requirements that must be met by a person applying for the position of a judge. Such requirements concern both the professional and personal qualities of such a specialist. The specified requirements can be general, that is, characteristic of all judges, as well as specific, namely: inherent only to judges of higher specialized courts and conditioned by the specifics of the jurisdiction of a particular Higher Specialized Court. It was emphasized that the possibility to establish certain specific requirements for applicants for the position of judge in higher specialized courts is enshrined in the Basic Law, which provides for the possibility for judges of specialized courts to establish other requirements regarding education and experience of professional activity in accordance with the Law. As for the details of this constitutional norm, it is contained in the Law of Ukraine "On the Judiciary and the Status of Judges" regarding requirements for candidates for the position of judge of the High Specialized Court on Intellectual Property and in the Law of Ukraine "On the High Anti-Corruption Court" regarding requirements for candidates for the position of judge of the High Anti-Corruption Court. The specific requirements for candidates for the position of judge of a higher specialized court include: confirmation based on the results of a qualification assessment of the ability to administer justice in the Higher Specialized Court on Intellectual Property or the Higher Anti-Corruption Court and the alternative existence of one of the following grounds: seniority as a judge (not less than three years for an applicant for the position of a judge of the Higher Specialized in Intellectual Property and at least seven years for an applicant for the position of a judge of the Higher Anti-Corruption Court) or experience in a narrow-profile professional activity (at least five years for an applicant for the position of a judge of the Higher Specialized in Intellectual Property ownership and at least seven years for an applicant for the post of judge of the High Anti-Corruption Court). In addition, for the candidate for the position of judge of the High Anti-Corruption Court, it is also possible to consider the presence of a scientific degree in the field of law and experience of scientific work in the field of law for at least seven years. A detailed description of all the duties of judges of higher specialized courts has been carried out. Based on the analysis carried out, it was found that their legislative wording needs some clarification and additional clarification, which will also contribute to their correct understanding and, therefore, their implementation. It was emphasized that, considering the experience of European states and Indonesia, it is necessary to consider the possibility of creating an extensive system of anti-corruption courts, and in view of this, it is necessary to differentiate the qualification requirements for candidates to the higher specialized court and local courts regarding the length of professional activity, the period of internship as a judge, etc. The dissertation insists that to ensure the proper level of administration of justice in higher specialized courts, it is advisable to provide that judges of these courts can only be persons who have the scientific degree of candidate (doctor) of legal sciences or Doctor of Philosophy in specialty 081 "Law". Emphasis is placed on the importance of re-establishing criminal responsibility and rendering an unjust decision by the judge. After all, the current situation allows any external influence on the decision-making process, except for corruption. At the same time, attention is drawn to the importance of a

Research papers

Шунько М. Г. Загальні принципи діяльності суддів вищих спеціалізованих судів України. Visegrad Journal on Human Rights. 2021. № 1. С. 282–286.

Шунько М. Г. Адміністративно-правова характеристика вимог, що висуваються до кандидатів на посаду судді Вищого спеціалізованого суду. Юридичний електронний науковий журнал. 2021. № 4. С. 205–208.

Шунько М. Г. Адміністративно-правова характеристика місця та ролі судді Вищого спеціалізованого суду. Аналітично-порівняльне правознавство. 2021. № 4. С. 228–231.

Шунько М. Г. Запозичення зарубіжного досвіду для удосконалення адміністративно-правового статусу судів вищого суду з питань інтелектуальної власності. Юридичний науковий електронний журнал. 2022. № 7. С. 296–299.

Files

Similar theses