ДОБРОЧЕСНІСТЬ СУДДІ ЯК КРИТЕРІЙ ОЦІНЮВАННЯ РОБОТИ СУДІВ В УКРАЇНІ

Abstract

The article analyzes the practice of European judicial systems regarding the application of such a criterion as integrity to a judge. The author also analyzes the theoretical achievements of scholars regarding the content of such moral and ethical categories which have entered the legal circulation and the national legal field as good faith and integrity. The choice and relevance of the topic is due to the criticism and unsatisfactory state of affairs in the context of numerous reforms in the field of justice in our country and the ambitious goals of achieving the European legal and judicial culture. The author establishes that a condition for judicial independence and administration of justice in compliance with the rule of law is the integrity of a judge. At the same time, it is determined that integrity is a legally established criterion for the qualification assessment of a judge by the High Qualification Commission of Judges of Ukraine with a view to determining the ability of a judge (candidate for the position of a judge) to administer justice in a relevant court. The article analyzes the Recommendation of the European Network of Councils for the Judiciary workshop on the evaluation of judges and provides the main provisions relating to judicial evaluation systems and, accordingly, courts in European judicial systems. In the course of the study of comparative analysis of the selection, evaluation and promotion of judges: current criteria and methodology used in the EU and beyond, the author establishes that integrity competence (ability to resist undue influence, adherence to professional ethics, etc.) is a typical criterion enshrined in the legislation of foreign countries. It is found that in countries that have recently undergone or are undergoing judicial reform, there is a tendency to establish very high and very detailed requirements (criteria) for the selection, evaluation and promotion of judges, but less attention is paid to the methodology for verifying these requirements, which prompts future research to focus on specific methodologies and tools that allow us to understand how decisions are made on whether a person meets these requirements, such as integrity. Based on the analysis of scientific approaches to the use of such moral and ethical categories as good faith and integrity in law, the author concludes that they fully reflect the tasks of the court in the administration of justice and are both a separate requirement (competence) and a guide for a judge in the performance of his or her duties. Key words: court independence, court performance evaluation, evaluation criteria, justice system reform, integrity, good faith.