Judicial Self-government Research Articles

Impact of European integration processes on judicial reform in Ukraine

The research relevance is determined by the European integration and identification of gaps and shortcomings arising in the process of harmonisation of Ukrainian legislation with the legal standards of the European Union, providing improvement areas. The study aims to characterise the reform of Ukraineʼs judicial system in the context of European integration. The following research methods were used in the study: systemic and structural, comparative legal, formal legal, and systematisation methods, as well as methods of synthesis, analysis, and generalisation. The study established that the judicial reform launched in 2016 is linked to Ukraineʼs plans to become a full-fledged member State of the European Union. It is determined that under the legal regime of martial law, some processes of reforming the judicial system to the standards of the European community may be slowed down. It is noted that the Copenhagen criteria, especially chapters 23 and 24, are among the key definitions for the implementation of justice and the judiciary in a country which is a member of the European Union. The analysis added that to accelerate the European integration processes in Ukraine, composition renewal of the Constitutional Court of Ukraine should be undertaken. The need to establish transparent qualification requirements for judges and modernise the selection process for the judiciary was outlined. The study concludes that it is necessary to fully launch the High Qualification Commission of Judges of Ukraine, which is one of the key bodies of judicial self-government. The effective operation of this body is essential for maintaining the judiciary at a high professional level and ensuring compliance with the standards of justice. Furthermore, the study stressed the importance of continuing to effectively combat any manifestations of corruption in the activities of the judiciary and the judicial system as a whole. The study materials can be used to improve the functioning of the judicial system in Ukraine

Obrazovna dimenzija sudske samouprave u funkciji ostvarivanja načela nezavisnosti sudske vlasti - slučaj Srbije u procesu evropskih integracija

The rule of law is the cornerstone of democracy and the European Union accession process. Independent judiciary is an important facet of the rule of law, while judicial competence and judicial self-governance are among its elements. One of the dimensions of judicial self-governance is its educational function. By using dogmatic, exegetic and empirical legal methods, the paper examines the extent to which the demands formulated in interim benchmarks for Chapter 23 are aligned with the well-balanced approach to the principle of judicial self-governance and, further, the manner in which such self-governance is implemented in practice within the framework of the process for the adoption of the multiannual work program of the Serbian Judicial Academy. The authors conclude that the plan preparation process represents an adequate platform for duly observing the said concept, while the program itself can contribute to improving the competence of judges and, consequently, strengthening their independence.

THE MAIN APPROACHES TO DEVELOPMENT OF JUDICIAL SELF-GOVERNANCE IN EUROPE

In this article, the experience of some European countries in the sphere of development of judicial self-governance as well as strengthening the powers of the judicial self-governance bodies at governing the judicial system are briefly discussed.

Judicial self-governance as an object of political confrontation: The case of Spain

Judicial self-governance as an object of political confrontation: The case of Spain

Judicial self-government in Ukraine

This article is devoted to the study of judges in Ukraine, the order of their employment in administrative positions. Being a judge of the relevant court is not only a profession, it is an observance of the rules of conduct that must be observed every day both in one’s work and in one’s personal life. The judicial profession differs from other professions, a judge must be guided only by procedural law. Also, when administering justice, a judge cannot depend on the legislative and executive bodies as a whole. It will be appropriate to consider the issue of a judge in an administrative position. And determine their order of appointment to the relevant position in the court. Today, the issue of judges in administrative positions is very extensive and requires additional research. The draft law “On restoring trust in the judicial system of Ukraine” was developed with the aim of ensuring the implementation of guarantees of the independence of judges, as well as reducing illegal influence on judges who hold administrative positions, the relevant courts, restoring trust in society, as well as in the judiciary. Therefore, the achievement of the goal is proposed through the adoption of the specified law. It provides for the term of holding an administrative position in the courts of cassation up to three years, and also establishes restrictions on the possibility of the same person occupying the position of the head of the court for two consecutive terms. But the main Law of Ukraine for regulating the appointment of judges to administrative positions is the Law of Ukraine “On the Judiciary and the Status of Judges”, which regulates issues related to all judges. Well, let’s summarize the above-mentioned law, which entered into force on March 28, 2015. Part 4 of Article 20 of Law No. 2453, as amended by Law No. 192, stipulates that a judge elected to an administrative position in the manner specified by this article cannot hold one administrative position of the corresponding court for more than two terms in a row. In connection with the adoption of this draft law, on January 4, 2023, the Verkhovna Rada of Ukraine registered an alternative draft law 8296-1 on the election of court presidents, in which it is proposed to provide for the possibility of early dismissal of the court president from office by the Council of Judges of Ukraine, in case of non-compliance with the restrictions on holding the office the chairman of the court is a judge who has already been elected for more than two terms in a row. This Draft Law proposes that judges of all courts of the country (from local courts to the High Anti-Corruption Court and Cassation Courts as part of the Supreme Court) elect presidents and deputy presidents of courts for a period of 4 years, but only the head of the Supreme Court will personally approve them. Key words: state, judge, procedure for appointing judges, administrative position, judicial power, justice, legal status of judges.

The concept and essence of the institutional capacity of Ukraine’s judicial system

Introduction. Current state-building and law-making processes as well as Ukraine’s European integration course substantiate the need for further research into the issues of the institutional capacity of the judicial system of Ukraine, in particular, the determination of its essence, features, ways of formation, etc. The above issue has not been in the focus of theoretical and legal attention in legal science yet. In domestic scientific sources, the problems of the institutional capacity of the judicial system of Ukraine are considered somewhat fragmentarily, which does not contribute to the formation of unified scientific approaches and their practical solution. The purpose of the paper is to determine the content and essence of the institutional capacity of the judicial system of Ukraine based on the analysis of current domestic legislation, international legal acts, and lawyers’ opinions. Results. It is noted that in modern science there is a pluralism of approaches to determining the essence of institutional capacity. The issues related to institutional capacity are studied in terms of the state, certain state and non-state institutions, public associations, etc. Therefore, taking into account the wide range of aspects covered by the concept of institutional capacity, its content can be most fully revealed only in a certain practical context, which also concerns the issue of the institutional capacity of the judicial system. It is determined that the institutional capacity of the judicial system of Ukraine is its ability to perform its functions effectively and transparently by ensuring the appropriate level of regulatory compliance, as well as structural, organizational, personnel and technical systems, processes and resources. The elements of the institutional capacity of the judicial system of Ukraine include its structural construction, legislative and regulatory support, financial resources, personnel support, organizational autonomy of courts and independence of judges, cooperation between judicial bodies and external relations, management systems and practices, leadership and judicial administration, training and maintaining the qualifications of both judges and court staff, judicial self-government, implementation of the latest techniques and technologies, etc. Conclusion. An institution with a sufficiently high level of institutional capacity will ensure the appropriate level of efficiency and effectiveness of its own activities. The institutional capacity of the judicial system of Ukraine includes a certain set of elements and features that ensure its effective operation and allow achieving the purpose of the existence of this institution.

The Rise of Judicial Self-Governance in the New Millennium

The Rise of Judicial Self-Governance in the New Millennium

‘Shaming’ the Court: Ukraine’s Constitutional Court and the Politics of Constitutional Law in the Post-Euromaidan Era

Abstract Since the Euromaidan events of 2014, Ukraine has embarked on a reformist trajectory to ‘Europeanize’ the country and deliver the promise of good governance to its citizens. The series of legislative and public policy reforms that followed had financial and ideological support from Ukraine’s Western partners. To date, studies have focused on documenting and analyzing the course of international donors’ involvement in Ukraine’s reforms. What is lacking, however, is an analysis of the many different domestic responses to external pressure from donors to implement reforms. Examining Ukraine’s Constitutional Court case law on judicial self-government and anti-corruption from 2020, this article examines this court’s legal response to the politics of reform led by international donors and domestic actors in Ukraine. It reveals the problematic nature of constitutional decision-making in a country that has recently been facing considerable pressure from political incumbents and civil society. The article identifies a pattern that characterizes the political process (a ‘troubled nexus’) around the reforms in Ukraine and draws a parallel between Ukrainian developments and the situation in Moldova and Georgia, two countries that have been confronted with similar reform challenges since the enactment of the respective Association Agreements with the EU in 2016.

The Independence of the Judiciary: Meaning and Threats

What an ‘independent’ judiciary means in a democratic society is a complex question, bringing in such elements as the governing of high courts, recruitment of judges, and their susceptibility to disciplinary action. Those subjects are not isolated items but components of a wider system, with its functioning ruled by political principles. Therefore, it is essential to identify the ideological conceptions beneath the diverse theses offered. The paper examines recent events in Poland and Spain that offer valuable data to illustrate the problem. In synthesis, two broad theoretical tendencies emerge: on one side, judges ought to be controlled by politicians, at least to a certain extent, in aims of safeguarding the democratic foundations of the Constitutional legal frame; on the other side, the emphasis is on judicial self-government as a means of preserving courts from corruption associated with pressure exerted by political, economic, or social lobbies. The paper presents a proposed solution to the controversy, involving characterisation of the minimum standards for a free judiciary in a democratic legal order, and for detecting the risks inherent to both politicisation and corporatism. The model is constructed by means of legal methodology that entails comparison among legal systems of different sorts in light of international documents, among them reports by the Council of Europe. A particularly significant contrast is visible in the distance between Continental and Common Law traditions, illuminated via consideration also of the United States.

Judicial self-government in Ukraine (in the context of European standards)

The relevance of the issue of proper functioning of judicial self-government, its important role in protecting the independence of the judiciary and the professional interests of judges is not in doubt today. In this article, the author analyzed the organizational forms of judicial self-government in Ukraine, in accordance with the current legislation of our country. At the same time, the article pays special attention to the recommendations of the Advisory Council of European Judges, which analyzed the organization and empowerment of judicial councils in various European countries. It also provided its recommendations on the composition of such councils of judges, as well as an approximate list of powers that should be given to such councils. The article draws attention to the existence of associations of judges, which also stand for the protection of the professional interests of judges and the protection of the independence of the judiciary. The author concludes that the national legislation on judicial self-government is sufficiently in line with European standards on this issue, but warned that in case of legislative changes, or improvement of this institution, care should be taken of legislative and practical reform of the judiciary. The introduction of inconsistent legislative changes is otherwise detrimental to the judiciary and its perception by civil society. Key words: Judicial Council, Judicial Self-Government, Independence of Judges.

Judicial Self-Governance Index: Towards better understanding of the role of judges in governing the judiciary.

The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three-fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of judges to case allocation and publication of judicial decisions). Second, it proposes a new Judicial Self-Governance (JSG) Index that measures how much power domestic judges hold in these eight dimensions of judicial governance. Third, by applying the JSG Index to the longitudinal data for Germany, Italy, Czechia, and Slovakia this article demonstrates that the Judicial Council model is not the only institutional model of judicial governance leading to the empowerment of judges. This means that judges can hold many powers without the existence of judicial councils and even in the Ministry of Justice model.

COMPARATIVE ANALYSIS OF THE LEGAL STATUS OF THE HIGH COUNCIL OF JUSTICE IN UKRAINE AND FOREIGN COUNTRIES

The need to study certain aspects of the judiciary is explained by the constant updating of current legislation. Given that the Ukrainian legislator has recently paid close attention to the call-up foreign experience, there is an objective need to analyse the legal status of the High Council of Justice, or bodies that perform its functions in foreign countries. The purpose of the article is to conduct a comprehensive comparative legal analysis of the status of the High Council of Justice in Ukraine and abroad. In the process of comparative legal analysis of the status of the High Council of Justice in Ukraine and foreign countries, the following methods were used: formal-legal (dogmatic), comparative-legal and the method of dogmatic (logical) analysis. According to the results of the research, it is determined that the current state of activity of the High Council of Justice is characterised by a certain representation of executive bodies, including judicial bodies. The key task is to work on the development of the judiciary, participation in the administration of judges, and the disciplinary responsibility of prosecutors and judges. It was found that the legislation of foreign states, consolidating the powers of judicial self-government bodies, gives them the right to select candidates for judges, appoint court chairmen, including bringing judges to disciplinary responsibility. Such bodies always involve government officials, including the president. However, it should be noted that the judiciary has exclusive independence from other bodies, including the executive and the legislature, which is manifested in broad powers. It is argued that the world practice identifies two main options for the appointment of judges: appointment by the President or Parliament on the proposal of the Ministry of Justice or the relevant body of judicial self-government (judicial councils); direct appointment of judges by the relevant body of judicial self-government (judicial councils). The study provides a comprehensive comparative legal analysis of the functioning of the High Council of Justice in Ukraine and foreign countries in today’s conditions, and provides specific proposals to improve existing legislation in terms of the activities of the body under study. The materials of this study can be useful for teaching training courses: Judicial system of Ukraine, international law. Also, the submitted proposals to improve the functioning of the body under study can be used by the legislature in considering the possibility of updating special national legislation

LEGAL LIABILITY FOR CORRUPTION AND RELATED OFFENSES IN THE FIELD OF LAND RELATIONS

The need to study certain aspects of the judiciary is explained by the constant updating of current legislation. Given that the Ukrainian legislator has recently paid close attention to the call-up foreign experience, there is an objective need to analyse the legal status of the High Council of Justice, or bodies that perform its functions in foreign countries. The purpose of the article is to conduct a comprehensive comparative legal analysis of the status of the High Council of Justice in Ukraine and abroad. In the process of comparative legal analysis of the status of the High Council of Justice in Ukraine and foreign countries, the following methods were used: formal-legal (dogmatic), comparative-legal and the method of dogmatic (logical) analysis. According to the results of the research, it is determined that the current state of activity of the High Council of Justice is characterised by a certain representation of executive bodies, including judicial bodies. The key task is to work on the development of the judiciary, participation in the administration of judges, and the disciplinary responsibility of prosecutors and judges. It was found that the legislation of foreign states, consolidating the powers of judicial self-government bodies, gives them the right to select candidates for judges, appoint court chairmen, including bringing judges to disciplinary responsibility. Such bodies always involve government officials, including the president. However, it should be noted that the judiciary has exclusive independence from other bodies, including the executive and the legislature, which is manifested in broad powers. It is argued that the world practice identifies two main options for the appointment of judges: appointment by the President or Parliament on the proposal of the Ministry of Justice or the relevant body of judicial self-government (judicial councils); direct appointment of judges by the relevant body of judicial self-government (judicial councils). The study provides a comprehensive comparative legal analysis of the functioning of the High Council of Justice in Ukraine and foreign countries in today’s conditions, and provides specific proposals to improve existing legislation in terms of the activities of the body under study. The materials of this study can be useful for teaching training courses: Judicial system of Ukraine, international law. Also, the submitted proposals to improve the functioning of the body under study can be used by the legislature in considering the possibility of updating special national legislation

THE CONCEPT OF STAFFING COURTS IN UKRAINE

The article is devoted to the formulation of the general definition of government authority and officials whose activities are aimed at staffing the courts, on this basis, proposals are given to improve the current administrative legislation. The research was performed using a systematic approach to staffing activities, taking into account the subject-object relationships that occur in the implementation of relevant activities. The characteristics of the objects of managerial influence as means of clarifying the competence of courts staffing subjects through the disclosure of their activity’s tasks. The essence and significance of the relevant connections in the implementation of courts staffing have been studied. Based on the peculiarities of the administrative and legal regulation of the staffing of the judiciary in connection with the characteristics of the subject of public administration, the general and specific features of a subject of courts staffing are identified. The specific features of these entities, due to the peculiarities of the judiciary as a sphere of their activities, include: staffing of courts, as a rule, is not the main direction of their activities (except for the HCJC of Ukraine and the National School of Judges of Ukraine); staffing of the court is carried out mainly by entities that are not included in the staff list of a particular court, and therefore has an external nature to the court (GRP, HCJC of Ukraine, President of Ukraine, SJA of Ukraine, National School of Judges of Ukraine, judicial self-government and others authorized entities); mostly collegial principles of decision-making. The definition of a subject of courts staffing is an authorized body of state power or its official, whose activities are aimed at ensuring the proper professional level of court officials, ensuring the ability of courts to effectively perform their tasks. The expediency of consideration of a subject of courts staffing in the narrow and broad senses is substantiated. It is pointed out that the current wording of item 6.2 of the Regulations on the procedure for election to and dismissal of the chairman, first deputy, deputy chairmen, and chairmen of judicial chambers of the Court of Appeal of 12.10.2001 is inconsistent with the current norms of Part 4 of Art. 20 of the Law of Ukraine “On the Judiciary and the Status of Judges” of 02.06.2016 № 1402-VIII, in connection with which proposals for amendments to the said Law.

Transformation of the Judiciary in Turkmenistan after 1991. Aspects of Development of Administrative Judiciary

The article examines the process of formation of the Turkmen judicial system after Turkmenistan declared independence in 1991. The stages of reforming and transformation of the judicial system in the Republic of Turkmenistan in different periods are studied: 1990–2000, 2001–2020. In addition, the structure of the judicial system of Turkmenistan, the system of courts of general jurisdiction (regional courts and local courts), the system of arbitration courts, judicial boards of the Supreme Court of the Republic of Turkmenistan (in civil cases, arbitration cases, administrative cases, criminal cases) is analyzed, and the judicial selfgovernment bodies of the Republic of Turkmenistan are also investigated: the National Conference of Judges, the Qualification Board of Judges, the Council of People’s Assessors at district courts. In addition, the norms of the Civil Procedure Code of the Republic of Turkmenistan, the Arbitration Procedure Code of the Republic of Turkmenistan and the Code of the Republic of Turkmenistan on Administrative Procedures on issues arising from administrative and public legal relations are analyzed. The article draws attention to the lack of functioning of the constitutional judicial system and the Constitutional Court in the Republic of Turkmenistan, as well as the need to establish constitutional control over normative acts of the legislative and executive branches of the republic in the country. It is proposed to establish administrative courts in Turkmenistan in all regional centres of the country and the capital of the republic, as well as to adopt the Code of Administrative Procedure of Turkmenistan in the country. The article draws attention to the fact that the creation or liquidation of arbitration, regional or local courts would be carried out not only on the basis of a Presidential Decree, but also on the basis of a proposal of the Supreme Court of the Republic of Turkmenistan with the consent of the Parliament of the Republic of Turkmenistan.

Features of Development of Professional Self-Government in the System of Prosecution, Judiciary and the Bar of Ukraine

Based on a comparative analysis of the sectoral legislation of Ukraine and the practice of its application, the article studies the features of the development of professional self-government in the system of prosecutors, judicial authorities and the bar. It has been found out that prosecutorial self-government in Ukraine is conducted through the Council of Prosecutors of Ukraine (the highest body of prosecutorial self-government in the period between all-Ukrainian conferences of prosecutors) and the all-Ukrainian conference of prosecutors (the highest body of judicial self-government). It has been determined that prosecutorial self-government is a collective independent decision of prosecutors on issues related to the activities of prosecutorial bodies. It has been established that the system of bar self-government bodies in Ukraine is formed by: 1) the Congress of advocates of Ukraine; 2) the Bar Council of Ukraine; 3) the Supreme Qualification and Disciplinary Commission of Advocacy; 4) the Supreme Audit Commission of the Bar; 5) the Regional Conference of Advocates; 6) the Council of Advocates of the region; 7) the Qualification and Disciplinary Commission; 8) the Audit Commission of the region. It has been found that the bodies of judicial self-government in Ukraine are: 1) a meeting of judges, which is a gathering of judges belonging to the corresponding court aimed at discussing the internal activities of such a court and making appropriate collective decisions based on the discussion of such issues; 2) the Council of Judges of Ukraine (the highest body of judicial self-government, which also functions as the executive body of the Congress of Judges of Ukraine); 3) the Congress of Judges of Ukraine (the body that makes decisions that are binding on all bodies of judicial self-government and all courts in Ukraine). It is noted that the prospects for further research in this area are to determine the role of the judiciary in the constitutional and legal mechanism for the protection of human rights and freedoms and to study the requirements for incompatibility of a judge, prosecutor and lawyer with other activities in the context of comparative constitutional law.

Security of the judiciary power for sustainable development: a Ukrainian case

In this article, we have explored the constitutional principles of judicial security on the example of Ukraine. We found that researchers have not paid enough attention to the security system of the judiciary in Ukraine in the framework of sustainable development. We used the doctrinal legal research methodology to answer four research questions. First, we explored the content of the security concept in Ukrainian law. Secondly, we have established the extent to which the Constitution of Ukraine covers the security of the judiciary. Third, we described the distinction between internal and external threats to the security of the judiciary. Fourth, we have summarized the specific threats to the security of the judiciary mentioned in the Constitution of Ukraine. For each of the issues, we have provided recommendations to achieve sustainable development of Ukraine in the course of legal reform. As part of the discussion, we voiced recommendations for the participation of judicial self-government and the Higher Council of Justice in ensuring the security of the judiciary. Our results complement the knowledge of the legal nature and constitutional principles of the judiciary. The presented recommendations can be used in formulating proposals for sustainable development strategies and directions of judicial reform

ВИМОГИ ЩОДО НЕСУМІСНОСТІ ПОСАДИ СУДДІ З ІНШИМИ ВИДАМИ ДІЯЛЬНОСТІ: ПОРІВНЯЛЬНИЙ КОНСТИТУЦІЙНО-ПРАВОВИЙ АСПЕКТ

The article reveals the requirements for the incompatibility of the position of a judge with other activities in the comparative constitutional and legal aspect. It is determined that the requirements for incompatibility of a judge's position with other activities in Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On Purification of Power», the Convention for the Protection of Human Rights and Fundamental Freedoms, Rules of Court adopted by the Council of Europe and the European Court of Human Rights, the Rome Statute of the International Criminal Court, the General (Universal) Charter of Judges. It is established that the legislative and constitutional requirements for judges stipulate that judges must meet high moral, ethical and professional standards. It has been established that persons may not engage in administrative, political or professional activities during their tenure as judges, which is incompatible with their impartiality, independence or the requirements for permanent performance of their duties. It is determined that while in the position of a judge, it is not allowed to engage in other activities, in particular, to carry out activities in other public authorities, local governments or activities related to the representative mandate. It has been proved that a judge cannot combine the activities defined by the position of a judge with advocacy and business activities. It was found that judges are prohibited by law from holding paid positions and performing paid work, except for teaching, research or creative work. It is established that a judge has no right to be a member of the governing of the body or supervisory board of an enterprise or organization whose main purpose is to make a profit. It is determined that a judge has no right to belong to a political party or trade union, as well as to show support for such a party or union. It has been proven that judges are prohibited from participating in election campaigns, political rallies, rallies or strikes. It was found that the judge is obliged to comply with the requirements for incompatibility established by the legislation of Ukraine in the direction of preventing and combating corruption. It is determined that a judge has the right to activities related to the administration of justice, to participate in judicial self-government, to membership in national or international associations, as well as in other organizations that operate to protect the interests of judges, increase the authority of the judiciary, in society or for the development of legal science and profession, for the formation of public associations, as well as for participation in the activities of such associations in order to protect their rights and interests, as well as to improve the level of professionalism and skills. It is proposed, in the future of the following studies, to reveal the grounds for dismissing a judge from office in a comparative constitutional and legal aspect.

ІНТЕГРАЦІЯ ГЕНДЕРНОЇ ПЕРСПЕКТИВИ У ПРАВОСУДДЯ: СУЧАСНІ ВИКЛИКИ

Today, international and national legislation requires Ukraine to ensure and implement the principle of gender equality in all spheres of public life, which is related to the European integration course of the Ukrainian legal system. In connection with the above, gender studies are becoming increasingly popular in all spheres of public life, and the judiciary is no exception. This is due to the fact that judges, in their daily activities, in resolving litigation, give a legal assessment of people's actions. Thus, court decisions are a kind of indicator of the rule of law and a marker of society's compliance with democratic principles of the state. Thus, courts have the opportunity to ensure access to justice and eliminate gender discrimination through a gender approach. They have a huge potential to correct formal, material and structural inequalities through court decisions, which provides a practical opportunity to translate gender symmetry into legal reality. The article considers the mechanism of gender mainstreaming in justice as a set of measures (institutional policy) to ensure equality before the law and the court on the basis of gender; access to justice and equality in access to the profession of judge, judicial remuneration, career advancement, participation in judicial governance and self-government, and maternity protection, in a fair work-life balance for both men and women. it, etc. An integrated essential understanding of the gender perspective as a real, practical application and implementation of appropriate measures, carrying out certain actions to achieve gender equality is proposed; in ensuring gender mainstreaming in all aspects of the justice system and understanding how gender identity affects the legal status of litigants (institutional policy). The integration of a gender perspective into the judiciary is the strengthening of gender equality in all aspects of the judiciary, as judges and judges are agents of change who, through the application of the law, enable people to feel equal in their own country.

New Approaches to Understanding Judicial Ethics in the Information

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.