Features of the formation of the judiciary: National and international experience

Abstract

The relevance of the article lies in the need to conduct a comparative study of the peculiarities of the formation of the judicial corps in Ukraine and in the leading countries of the world in order to clarify the effectiveness of the existing national judicial system and its improvement in the future. The purpose of the study is to analyze the peculiarities of the procedure for forming the judicial corps and selection for the position of a judge in Ukraine, European countries, as well as in Great Britain and the USA. The basis of the methodological base, which was used for the study of this material, is the methods of deduction and induction, systemic, logical, dialectical, formal-legal, comparative-legal, historical, systemic-structural, statistical, sociological methods. The work examines the history of the creation of the first courts and the formation of the judicial system of independent Ukraine; a number of concepts are defined, including “judge”, “judge corps”, “judge corps formation”; the stages of selection for the position of a judge have been established and the requirements for judges in various judicial bodies have been disclosed; a comparison of selection for the post of judge and prosecutor was made; the international experience of forming the judicial corps in such countries as Switzerland, Austria, Germany, France, Belgium, Poland, Great Britain, and the United States was studied; the problems that arise in the judicial system of Ukraine, especially when filling vacant judicial positions, are clarified. The results of the study, obtained in a combination of the study of advanced world and domestic practice in the formation of the judicial corps, can be valuable and useful both for persons who wish to become judges and for all practical employees of the justice system