Status Of Judges Research Articles

Гарантії дотримання норм професійної етики суддею, прокурором і адвокатом (на прикладі України)

The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.

Impartiality in court proceedings

The importance of the rule of law for the functioning of a democratic state makes this research topic relevant. The study aims to examine the principle of impartiality as one of the key principles of legal procedures, define its place in the provisions of international treaties, international legal acts, and the legislation of Ukraine, and study its interpretation in practice of the European Court of Human Rights. The main research method we used in the article was the formal-legal method, which allowed us to ana-lyze the legal framework of international law, court practice, and the legislation of Ukraine. This, in turn, helped us to examine the level of legal regulation on the principle of impartiality and find out cer-tain gaps. The article explores the practice of the European Court of Human Rights and, on its basis, substantiates as the conclusion the importance of the principle of impartiality in judicial activity. More-over, having analyzed the legislation of Ukraine, we revealed the need to refine the consolidation of the principle of impartiality and its detailed interpretation in regulatory legal acts, in particular, the Law of Ukraine On the Judiciary and Status of Judges. The practical significance of the article is to prepare the basis for amendments to the legislation of Ukraine.

Problems of Interaction Between Judicial Authorities

The implementation of the judicial reform from the time of the declaration of Ukraine’s independence until present period of time has been determined by the global tendencies of Ukraine’s integration into the EU and the world community, by the improvement of legislation in accordance with European and international standards, as well as by the construction of an effective and independent judicial system. It has been substantiated that the key principles in the system of checks and balances are interaction, interdependence, mutual control and mutual penetration. It has been emphasized that issues of the interaction between judicial authorities and subjects of the legislative initiative is of great importance taking into account the special place and role of such authorities. Analysis of the current legislation demonstrates that such interaction primarily takes place in the law-making process. It has been proved that the effectiveness of applying mandatory advisory conclusions of the High Council of Justice is currently the most relevant issue. It has been established that the parliament often does not take into account the recommendations of the High Council of Justice contained in its conclusions, which leads to a long-term process of declaring certain provisions of laws as unconstitutional ones. It has been stated that it is necessary to amend the Regulations of the Verkhovna Rada of Ukraine and the High Council of Justice in order to improve the mechanism of interaction between them. Those Regulations should establish the provisions on the results of the parliament’s consideration of mandatory advisory conclusions and acts of response – notification about the results of consideration and the reasons for applying (or not applying) the recommendations outlined in the conclusions. Besides, the High Council of Justice can be effectively involved in the examination of draft laws on the formation, reorganization or liquidation of courts, the judicial system and the status of judges, as well as the creation of a special agency.

Эволюция статуса органов конституционного правосудия в Кыргызской Республике

The article analyzes the main trends and features inherent in the evolution of the status of constitutional justice bodies in the Kyrgyz Republic. The aim of this research is to identify both the common features characteristic of this process in the countries existing in the post-Soviet space and the specific ones due to the peculiarities of the state and legal development of Kyrgyzstan. In the course of the research, a comparative legal method was used to analyze individual elements of the legal status of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan (organization, competence, status of judges, legal force of decisions, etc.) in accordance with the constitutions of the Kyrgyz Republic of 1993, 2010, and 2021, the laws in force that regulated the organization and procedure for the implementation of constitutional justice, as well as when compared with the development of this institution in the Russian Federation and other CIS member states. In addition, analytical, formal legal and other methods were used, which made it possible to formulate the main conclusions. Based on a systems analysis of the legislation of the Kyrgyz Republic on constitutional justice, decisions of the Constitutional Court and the Constitutional Chamber of the Supreme Court of Kyrgyzstan, a study of the works of leading Russian (N.V. Vitruk, A.A. Klishas, I.A.Kravets, M.A. Mityukov, et al.) and Kyrgyz (A.A. Arabaev, B.I. Borubashov, R.M. Myrzalimov, B.T. Toktobaev, et al.) scientists in this field, the main tasks to improve the organization and implementation of constitutional justice in Kyrgyzstan were identified. These include: consistent strengthening of the independence of the Constitutional Court from other public authorities; a more detailed delineation of the powers of the Constitutional Court and other courts related to normative control, taking into account the processes of the formation of administrative justice; a more detailed regulation of the procedures of constitutional proceedings, including procedural differentiation of the procedure for exercising various powers of the Constitutional Court, modification of the norms on the legal force, and the procedure for the execution of its acts, including recognition of a certain discretion of the Court in determining measures necessary for the implementation of its decisions; improving the procedures for written proceedings and expanding the further use of information and communication technologies in constitutional proceedings, etc. The implementation of these tasks should be associated with general measures to increase the level of political and legal culture in society.

ЗАХИСТ ПРАВ ІНОЗЕМЦІВ ТА ОСІБ БЕЗ ГРОМАДЯНСТВА СУДАМИ УКРАЇНИ

The article emphasizes that the basis on which the legal regulation of the protection of the rights of foreigners and stateless persons and their legitimate interests was formed, according to which such rights and interests require legal regulation, are the constitutional foundations of the legal order and international legislation. It is noted that the majority of constitutional norms have an absolute character, that is, they are not only inalienable, but also not subject to limitation. Methods and procedural forms of protection of the rights of foreigners and stateless persons by domestic courts are disclosed. For this purpose, the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms, the norms of the Law of Ukraine «On the Judiciary and the Status of Judges», provisions of the Civil Code, Civil Procedure Code, Code of Administrative Procedure, Economic Procedure Codes of Ukraine, judicial practice and doctrinal opinions were analyzed. Taking into account the legal status of foreigners and stateless persons, attention is drawn to the peculiarities of proceedings in administrative lawsuits regarding the detention of foreigners and stateless persons. It was determined that the methods of protection of the rights of foreigners and stateless persons are regulated by the norms of various branches of law, which regulate specific legal relations involving the specified category of persons, within which everyone is guaranteed the right to judicial protection of his rights and freedoms.

ЗДІЙСНЕННЯ ПРАВОСУДДЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ ВИКЛЮЧНО СУДАМИ

The provision on the administration of justice exclusively by courts, which is promulgated by the norms of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Criminal Procedure Code of Ukraine, has a fundamental nature and corresponds to the main features of the principles of criminal proceedings. The purpose of the article is: to reveal the content of the principle of the administration of justice in criminal proceedings exclusively by courts in connection with the institution of jurisdiction, the modern judicial system in Ukraine, the exercise of powers by the court to administer justice in various stages of criminal proceedings and the goal of justice. The importance of jurisdiction for ensuring justice is emphasized, which consists in creating conditions for the implementation of the principles of criminal proceedings during the trial and the adoption of a lawful court decision. It was noted that an important guarantee of effective and fair justice is the proper organization of the judicial system and a clear and legally justified definition of the rules of jurisdiction. Within the analysis of the content of the principle of the administration of justice in criminal proceedings exclusively by the courts, it is substantiated that in accordance with the established system of the judiciary in Ukraine and the rules of jurisdiction provided for by the Code of Criminal Procedure, justice in criminal proceedings is carried out by local general courts, the High Anti-Corruption Court, appeals courts and the Supreme Court in the order specified by the Code of Criminal Procedure in the stages of court proceedings. Attention is paid to the implementation of the specified principle in various stages of criminal proceedings. It was concluded that the administration of justice by the courts takes place at all stages of the court proceedings when deciding the issues on the merits of the accusation: in the preparatory court proceedings, the court proceedings in the first instance, the proceedings for the review of court decisions in the appeal, cassation procedure, as well as in newly discovered or exceptional circumstances. The stages of law enforcement in the administration of justice by a court in criminal proceedings are distinguished: establishment of circumstances to be proven and other circumstances that are important for criminal proceedings; criminal qualification of the act; adoption and execution of a court decision. It is argued that the interconnectedness of the formal and substantive essential features of justice gives grounds for defining it simultaneously as an activity and as a goal. It was determined that the goal of justice in the judicial process is realized by the adoption of a legal, justified, motivated and fair court decision, which resolves the socio-legal conflict and ensures the protection of the rights, freedoms and interests of individuals.

РОЛЬ ПРОКУРАТУРИ УКРАЇНИ В КОНТЕКСТІ ЗАБЕЗПЕЧЕННЯ ГАРАНТІЙ НЕЗАЛЕЖНОСТІ СУДДІВ ТА АВТОРИТЕТУ ПРАВОСУДДЯ

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

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.

Спрощене позовне провадження: законодавча регламентація ГПК України

In the process of building the rule of law, one of its most important criteria is the creation of a fair, transparent and efficient judiciary. The essential need for radical changes in the judiciary and the reform of its individual institutions is a matter of time. The main goal of judicial reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, efficient and accountable judiciary in Ukraine, which will be trusted by society. Judicial and legal reform in Ukraine is comprehensive and involves amendments to the Constitution of Ukraine, legislation on the judiciary and the status of judges, reform of related institutions (prosecutor's office, bar, law enforcement agencies), as well as improving procedural legislation and legislation governing enforcement. court decisions. In particular, the article emphasizes that legislative changes have been made to the Commercial Procedural Code of Ukraine, initiated new forms of commercial litigation, one of the forms of commercial litigation is simplified litigation, which is designed to consider minor cases, cases of minor complexity and other cases for which priority is given. quick resolution of the case. Along with the simplified procedure and procedures for litigation, the introduction of this form of litigation has revealed certain shortcomings of such regulations. Keywords: commercial litigation, insignificant cases, legislation, shortcomings, procedure

Іноземці та особи без громадянства як суб'єкти адміністративного судочинства

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

Simplified claim proceedings: Legislative regulation of the Economic Procedure Code of Ukraine

In building a legal state, one of its key criteria is the creation of an honest, transparent, and effective judiciary. The essential need for radical changes in the judicial system and the reform of its individual institutions is a requirement of time. The main purpose of the judicial and legal reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, effective, and responsible judiciary, which will be trusted by society. During the study, the method of analysis and synthesis was used for the methodological basis, thanks to which the main types of simplified procedures, their features, and legal nature were determined. Using the historical method, the emergence and development of simplified judicial procedures was investigated. Based on the dialectical method, the terms “simplified judicial procedures”, “writ proceedings” and “simplified claim proceedings” were formulated. The formal logical method was used to identify shortcomings in the legal regulation and procedural regulation of simplified judicial procedures under the new Economic Procedural Code of Ukraine. The theoretical and predictive method was used to develop and outline the main vectors for introducing changes to the legislation of Ukraine within the framework of consideration of cases in simplified proceedings. The qualifying features of simplified judicial procedures were formulated as follows: a special procedural form, voluntary application by stakeholders, special admission criteria, a special regime for applying evidence, and a special procedure for reviewing court decisions. Considering the legal nature of simplified judicial procedures, it was justified that the latter should include only writ and simplified claim proceedings. Therewith, writ proceedings are a special form of simplified judicial procedures in the economic process, which lies in persistent protection of undisputed rights, freedoms, and legitimate interests of a person, which occurs based on issuing a suitable court order. Simplified claim proceedings are a special form of simplified court procedures within the framework of economic proceedings, which lies in the rapid protection of the rights, freedoms, and legitimate interests of a person, based on the insignificance of 6 stated requirements, the availability of written documents, without holding full-fledged court sessions and with the issuance of a special court decision. It was proposed to add amendments to the corresponding economic procedural legislation of Ukraine regarding the regulation of the procedure for considering economic disputes in the simplified claim proceedings. Judicial legal reform in Ukraine is complex and involves amendments to the Constitution of Ukraine, legislation on the judicial system and status of judges, reform of related institutions (prosecutor’s office, bar, law enforcement agencies), as well as improvement of procedural legislation and legislation governing the procedure for executing court decisions. The article notes that legislative changes have been introduced to the Economic Procedural Code of Ukraine, new forms of economic proceedings have been initiated, one of the forms of economic proceedings is simplified claim proceedings, which are designed to consider minor cases, cases of minor complexity, and other cases for which a quick resolution of the case is a priority. Along with the simplified procedure and procedure for considering an economic case, the introduction of such a form of judicial dispute consideration also revealed certain shortcomings in its regulation. The materials of this paper are of practical value for further research in this area, considering the ability to substantially relieve economic courts and increase the efficiency of economic proceedings, while raising the level of trust in them.

Foreigners and stateless individuals as subjects of administrative proceedings

The right to appeal to a court, including an administrative one, is one of the key rights of citizens guaranteed by the Constitution and laws of Ukraine. Apart from the general constitutional right to judicial protection, Article 7 of the Law of Ukraine No. 1402-VIII “On the Judiciary and the Status of Judges” dated June 2, 2016, guarantees everyone the protection of their rights, freedoms, and interests within a reasonable time by an independent, impartial, and fair court established by law. Considering the relevance of this study, its purpose was to establish the main reasons for improper recognition of the legal status of all participants in administrative proceedings at the legislative level. The study used a set of methods and techniques of scientific cognition. The principal ones are as follows: the dialectical method, which determines the essence and content of the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals; the comparative legal method, with the application of which the Ukrainian and foreign regulatory framework governing the status of foreign citizens and stateless individuals were compared; the formal legal method, which, together the method of logical analysis, allowed comprehensively investigating the modern system of legal norms that establish administrative procedural legal personality and the procedure for citizens and subjects of authority to exercise their rights and duties in an administrative court; the logical-semantic method allowed developing proposals for improving the legislation of Ukraine in the field of administrative proceedings. It was stated that access to justice for every person is ensured according to the Constitution of Ukraine and according to the procedure established by the laws of Ukraine. However, along with the guaranteed right to appeal to the court of foreigners, stateless individuals (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as stateless individuals stayed outside the limits of Ukrainian legislation. The paper considered the administrative legal status of Ukrainian citizens, foreign citizens, and stateless individuals as subjects of administrative proceedings. To eliminate the shortcomings of the legislative regulation of the legal status of stateless individuals in Ukraine, the author concluded that it is necessary to eliminate the existing deficiency by amending the Law of Ukraine No. 3773-V “On the Legal Status of Foreigners and Stateless Individuals” dated September 22, 2011. The practical value of the obtained results is that the theoretical propositions, conclusions, and proposals formulated in the article can be used: in the research field (for further developments aimed at investigating the issues of administrative justice in Ukraine), in the law-making field (to improve the current legislation of Ukraine), in the field of law enforcement (to improve the activities of administrative courts, state executive authorities, local self-government bodies), in the field related to ensuring the rights, freedoms, and legitimate interests of individuals and legal entities.

High anti-corruption court in the context of international standards of judicial procedure and administration of justice

The article is devoted to the study of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions on the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, formal-logical, comparative-legal and other methods. As a result of the study, the description of modern international standards in the field of judicial proceedings and the status of judges, which contain provisions for the introduction of special anti-corruption judicial bodies, the formation of the judicial corps and the administration of justice by these courts, is provided. It is noted that the rapid implementation of international standards in the national legislation and consistent application in law enforcement practice will help to restore the citizens' confidence in the judicial system, strengthen the authority of the judiciary, establish high criteria of competence, professional ethics and integrity, and effectively implement a specialized anti-corruption court in Ukraine.

Institute of the judicial supervision and the provision of methodological assistance to judges in Ukraine

The paper is devoted to analysis of the current concerns of the judicial supervision and significance of the provision of methodological assistance to judges considering the historical experience. It is indicated that provision of the methodological assistance to judges is particularly important under current conditions as it ensures administration of fair and impartial justice. Every person’s right to fair trial based on supremacy of the law is achieved via accomplishing certain powers both procedural nature and out-of-court procedures. Procedural powers of the court are realized during consideration of a case by the corresponding judicial jurisdiction while the out-of-court powers are accomplished when ensuring so-called functions which main objective is to provide for the unified judicial practice. Formation of the unified judicial practice can be achieved provided a similar application of all norms of the law of substance and procedural law only because the law should equally apply to everybody under similar circumstances. The paper states that delegation of powers to the court of appeal, as regards provision of the methodological assistance to local courts in administration of legislation, preconditions certain activity of the court and its chairman aimed at accomplishing this authority and presence of the levers to respond to problems arising in the judicial practice. Practical exercise of powers by the court of appeal, as regards provision of the methodological assistance to local courts, may not be connected with the institute of supervision only because there exist other kinds of such assistance provision. It is emphasized in the paper that the terms “supervisor” and “supervision” may not refer to the activity of courts and judges as regards the meaning, and do not meet the constitutional principle of the independence of judges. The authors indicate that filing a disciplinary complaint against judges in connection with the results of the methodological assistance which the supervising judges provide contains signs of the supervision powers and external influence that doesn’t meet the requirements of the effective legislation of Ukraine concerning judicial machinery and status of judges. The conclusions state a necessity of the legislative regulation of the methodological assistance which the higher judicial courts provide to the lower level courts to improve quality of court judgments and court activity in this sphere. Keywords: methodological assistance, court supervision, powers of judges, forms of the methodological assistance.

Formation’s Principles of the Judiciary of Ukraine

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

REFORMING CIVIL PROCEDURAL LEGISLATION AND ITS IMPACT ON THE DEVELOPMENT OF LEGAL RELATIONS IN APPEAL PROCEEDINGS

The sociological aspect of relevance lies in highlighting the mechanism of the application of law by the courts of appeal, because the decisions and definitions of the courts of appeal are the subject of research by a wide range of subjects, from students of certain legal specialties to the highest bodies of state judicial power, in particular – the Supreme Court. Since an appeal is now a constitutional guarantee, and a narrowing of human rights is not allowed, an examination of the appeal mechanism is necessary to predict future consequences. The practical aspect of the relevance of the study consists in the analysis of quantitative and qualitative indicators of appeal proceedings, coverage of real data that reflect past trends and make it possible to predict the future situation. The general requirements inherent in all instances are put forward for the appeal consideration. We are talking about the requirements for the qualifications and appointment of judges, in accordance with the provisions of the Law of Ukraine “On the Judicial System and the Status of Judges”; independence and immunity of judges at any stage; requirements for evidence, the order of their examination and review; requirements for the legal personality of the parties, because the court protects the violated, contested and unrecognized rights, freedoms and interests of persons and the interests of the state, thus no one can file, including an appeal, if the decision of the court of first instance does not affect his rights, freedoms and interests. So, exploring this topic, it is necessary to perform such tasks as: to consider the right to an appeal review of the case through the prism of the guarantee of the constitutional human right to judicial protection and to reveal the concept of appeal proceedings; to reveal the essence of abuse of rights at the stage of appeal proceedings; consider the procedure and conditions for the opening of the appeal proceedings; describe the possibility of renewing the deadlines for appeal, the violation of which is due to restrictions imposed in connection with the quarantine established in order to prevent the spread of coronavirus disease (COVID-19); analyze the procedural procedure for the consideration of cases by the court of appeal in the context of the updated civil procedural legislation and characterize the powers of the court of appeal.

Конституционно-правовое содержание требования об образовании кандидатов в судьи

Currently, the process is underway to bring the entire array of legislative sources defining the judicial system and the status of judges in accordance with the Constitution of the Russian Federation. In the legislative strategy, it seems important to resolve the issue of the higher legal education required for judges. The article substantiates a broad approach to understanding the higher legal education required for a judge, within the framework of which both a higher legal education of a general nature (universal) and a legal education of a special orientation are permissible. This conclusion is based: a) on the basis of the circumstances of the development of the system of higher legal education in Russia, which acts as a social regulator of the formal qualification requirement for the education of a candidate for a judge; b) on the requirements of access to the judicial profession, which imply the possibility of entering the judicial profession for representatives of different professional groups.

ДОКТРИНАЛЬНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ ПОНЯТТЯ КОНСТИТУЦІЙНО-ПРАВОВОГО СТАТУСУ ПРОФЕСІЙНИХ СУДДІВ

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.

ПРИНЦИП ПРИРОДНОГО СУДУ: АКТУАЛЬНІ ПРОБЛЕМИ ПРАВОРОЗУМІННЯ ТА ПРАВОЗАСТОСУВАННЯ В УКРАЇНІ

In 2016, a provision appeared in Article 125 of the Basic Law, which stipulated that higher specialized courts may operate in accordance with the law. Filling the content of this wording in, Article 31 of the Law "On the Judiciary and the Status of Judges" (2016) establishes that in the judicial system there are higher specialized courts as courts of first instance to consider certain categories of cases. This category of courts today includes the High Court of Intellectual Property and the High Anti-Corruption Court, activities of which are initiated by the relevant legislation. However, in political circles there was a discussion about the constitutionality of this court and, accordingly, the subject of the right to a constitutional petition questioned a number of provisions of the Law "On the Supreme Anti-Corruption Court" and appealed to the Constitutional Court of Ukraine to declare this law unconstitutional. In turn, the Constitutional Court of Ukraine initiated constitutional proceedings on this issue. Familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the Supreme Anti-Corruption Court. In order to find an objective answer to the existing conflict, it is necessary to abstractly identify the main features of a "special" court. To solve such an applied problem, the author of the article turned to the theory and applied provisions of the principle of natural judgment, which was the subject of this study. As a result of the study, the author argues that by giving the Supreme Anti-Corruption Court exclusive jurisdiction over the system of general courts, the legislator has significantly deviated from the permissible limits of constitutional legality. The author singled out and grouped the key features of a special court, which included: 1) Separation of a judicial institution with a separate system of instances for consideration of certain categories of cases selected from the general array (special jurisdiction) or in respect to a separate category of persons. 2) The court, which is entrusted with special, different from other general courts, the purpose and objectives of the activity. 3) A court formed to expedite the resolution of certain categories of cases specific to a certain period; 4) A court in which judges have a special legal status (special tasks in the administration of justice; special professional qualifications (requirements, selection criteria); a special (extraordinary) procedure for the formation of the judiciary, etc. It is seen that the principle of natural judgment – is a fundamental constitutional and legal heritage of civilized humanity, which is designed to protect people, their rights and freedoms from the arbitrariness of the state, and from the use of courts as an instrument of terror and wrongful persecution.

The problem of determining ways of legal regulation for conflicts of interest in judicial activity

The formation of the theoretical foundations for the prevention of conflicts of interest in judicial activity and practical directions to curb their occurrence is due to ongoing institutional transformations of the judicial system, changes in the status of judges and employees of the court apparatus, as well as organizational and legal support for judicial activity. In judicial activities, conflicts of interest are manifested in the behavior of judges during the exercise of judicial powers due to the emergence of contradictions between personal needs and public interests, which directly determines the nature of conflicts of interest and the form of their manifestation in the activity in question. Judges, as carriers of the judiciary, must be independent and impartial when exercising their exclusive right to administer justice. Conflicts of interest directly pose a threat to impartiality, may affect trust and respect for judges, and undermine the authority of the judiciary in society. The increasing negative impact of conflicts of interest on the formation of a professional staff of judges, which reduces the quality of the administration of justice, justifies the need to determine the limits of conflicts of interest. It is necessary to formulate clear criteria for conflicts of interest for judicial activity, in which requirements, prohibitions and restrictions are imposed on judges as carriers of the judiciary and aimed at eliminating conflicts of interest in their behavior.