Improving the Legal Regulation of the Selection of Candidates for the Position of Judge

Abstract

Legal relations related to the selection of candidates for the position of judge, as well as defects and lacunae of legal regulation of this process are considered. The purpose of the study is a legal analysis of the legal regulators of the selection of candidates for judicial positions, identifying their features. This goal is achieved through the solution of the following tasks: research of the selection process of candidates for the position of judges in the Russian Federation at the current stage; identification of problems of legal regulation based on the analysis of legal norms and practice of their application; formulation of proposals on the prospects for their optimization. The research methodology consisted of methods of empirical cognition and analysis, comparative, formal legal methods and a systematic approach. The various views of researchers are analyzed and as a result, the existing problems in the legal regulation of the studied area are disclosed and summarized, proposals for improving the existing Russian legal acts are formulated. The conclusion is made about the need for a psychodiagnostic examination of the applicant, which should become a mandatory component of his dossier. It is noted that the competitive selection should be carried out on an adversarial basis by evaluating the applicant»s dossier according to an approved scale of objective criteria, a possible minimum set of such criteria is proposed. Amendments are proposed that limit the discretion of the qualification boards of judges and provide a closed list of grounds for refusing a recommendation to an applicant. The author offers innovations designed to optimize the procedures for selecting qualified personnel.