Review

The function of independent, legitimate, effective judiciary is the necessary condition and the pledge to ensure the constitutional order, the rule of law, rights and personal liberties. Achieving this goal is possible in the system of appropriate legal guarantees, where content and realization depends on development legal framework, development economics indicator each country and social stability. But on the international area have been established the position which are well-known guarantees for the independence of the court and judiciary in general. They were transformed and founded due display in national law most of independent country. For example one of the guarantees of independent judges is their right on retirement. 

For the start of 2019 years in Ukraine the common counting of judges in retirement are 3294 person or about 46% from the estimated staffing of judges (7200 person). That number need to be in attention in the question on legal regulation of the livelihoods this part of judiciary to understand how effective can be judges institute on retirement as a guarantees of judges independent in our reality.       

The goal of article is find out the gaps of legal regulated the judge`s status in retirement, the problem of their realization on practice and propose the ways of their overcoming.

The main results of researching are in next clause:

1. The status of judge in retirement on the legal level underlined by norms which predicted: (a) the right of a judge to retirement which underline the existence of a major and sufficient length of service as a judge (not less than twenty years)
2. The status of judge in retirement is derivative from the status of judge. The last provides for the interpretation of the concept of ‘judge’, which covers the status and functional components. It was the status component that led to his transformation into a corresponding rank as a certain distinction of moral-psychological and social character, as a merit, conditioned by years of experience of conscientious performance of judicial powers, which emphasizes the special socio-professional status of a person in his retrospect.
3. For the independent identification the status of judges it`s appropriate to use the term ` Judge in Resignation" as an honorary award that a person receives upon dismissal of a judge for impeccable honest work within the period specified by law, which identifies a person in terms of his or her professional status in retrospect and implementation of a set of legal and socio-material measures.
4. Among the problems of realization of the status of a retired judge is the most acute issue of appropriate financial support, which determines the effectiveness of the investigated status as an appropriate guarantee of the independence of judges. However, equally important is the resignation of judges to participate in judicial self-government.

Key words: judge, status of judge, resignation of judges, status of judge in retirement, guarantees of judges independence.