Experience of Foreign Countries on Exercising Departmental Control over the Activities of Judges and the Possibility of Its Application in Ukraine

Mykola Ivanovich Inshyn,Hаlyna Viktorivna Tatarenko,Tatiana Mikhailovna Yamnenko,Oksana Vasilievna Pchelina

doi:10.34069/ai/2020.29.05.27

Abstract

The objective of the article is to study the positive experience of foreign countries in exercising departmental control over the activities of judges and to identify possible ways of its application in Ukraine. While writing the article the author has used general scientific and special methods of scientific cognition, namely: systematic, comparative and legal, functional and documentary analysis. Based on the analysis of scientific sources the author has studied the experience of the UK, France, Poland, Asian in exercising departmental control over the activities of judges. It has been determined that quite different approaches have been currently developed in Europe regarding the exercise of departmental control over the activities of judges, which is conditioned by the specifics of the legal systems of countries in general and the judicial system in particular. At the same time, despite the presence of certain differences, this does not exclude the possibility of applying the relevant positive foreign experience in our country. Based on the results of the conducted research, the following has been suggested, taking into account international experience in exercising departmental control over the activities of judges: a) to optimize the system of entities, which are authorized to exercise control over the activity in the specified sphere; b) to create a legislative base for exercising departmental control over the activities of judges, in particular by developing and adopting a single legal act in this area; c) to strengthen the supervision over the courts while maintaining the limits of the independence of judges; d) to expand the financial and logistical support of the entities of departmental control; e) to create organizational and legal conditions, where judges will in no way be able to influence the departmental control; f) to develop a clear and understandable system for evaluating the performance of judges.

Highlights

Realization of material legal relationship is reached by means of will of the parties on the basis of the current legislation or the agreement of the parties
The issues related to the exercise of departmental control over the activities of judges in foreign countries are important in the context of the conceptual reform of the judicial authorities in Ukraine
As a discretionary remedy has the strength of being able to take each case upon their relevant merits

Summary

Introduction

Realization of material legal relationship is reached by means of will of the parties on the basis of the current legislation or the agreement of the parties. The analysis of the scientific literature and norms of the current legislation of Ukraine makes it possible to state that the legislator is moving quite slowly towards improving the departmental control over the activities of judges. All this requires finding alternative ways to improve this legal institution, one of which is the study of international experience.

Objectives

Methods

Results

Conclusion