Abstract:
У статті здійснено аналіз правових засад та процедур добору на посаду судді в Україні та
зарубіжних країнах, виокремлено передовий зарубіжний досвід процедури формування
суддівського корпусу та з‟ясовано можливості для його впровадження в Україні.
Description:
The article analyzes the legal framework and procedures
for selection for the position of a judge in Ukraine and foreign countries, highlights the best foreign
experience in the procedure of forming a judicial corps and clarifies the possibilities for its
implementation in Ukraine.
As a result of the analysis of foreign experience of judicial selection procedures, its positive
experience was clarified and the directions of its implementation in Ukraine were singled out, in
particular the experience of the Republic of Austria on introduction of annual practice of a candidate for judicial position. judges (for three months in each court chamber) with passing the final exam of the
commission of judges (after training at the school of judges); Of the French Republic on the need for a
14-month internship for a candidate for judge in courts, investigative and prosecutorial offices, police and
gendarmerie, correctional facilities and bailiffs, during which candidates for judge study the specifics of
the services and bodies directly cooperating with the court , during such an internship, the future judge
affirms the opinion on the importance of the unity of cooperation between judicial and law enforcement
agencies and the importance of the work of each of them and respect for related professions; Of the
Federal Republic of Germany regarding clearly defined requirements for a candidate for the position of a
judge, stages of his preparation and qualification assessmen t, namely a candidate for the position of a
judge may be a person who has a university degree in law and has two years of professional experience as
a judge. as a high-ranking official, as a civil servant in the Federal Republic of Germany or in a service in
any interstate or international organization, if this activity in its nature and significance corresponded to a
high-ranking official activity, or defended a doctoral dissertation at a German university, or has
experience as a lawyer, notary and who has passed a single qualifying examination of the qualification
commission, which consists of representatives of the court, prosecutor‟s office, bar and notary; the United
States of America to determine the equality of all participants in the selection of judges for the first time,
in which assistant judges, court clerks, assistant lawyers and prosecutors do not have an advantage in the
selection of judges, and their knowledge and skills are tested in qualifying exams.
