ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Some aspects of the procedure for selecting candidates to the seats on the bench of the Supreme Court

Some aspects of the procedure for selecting candidates to the seats on the bench of the Supreme Court

Pages: 159-166
Year: 2018
Location: Pravova Ednist Ltd

Review

The article is devoted to the research of the procedure for selecting candidates to the seats on the bench of the Supreme Court. In particular, the author identifies the stages of such selection and carries out their analysis.

According to the author, the effectiveness of the Supreme Court, given the status and significance of the exercised powers, is of paramount importance and depends largely on its staffing of the judiciary establishment.

Investigating the procedure for selecting judges of the Supreme Court, the author concluded that it consists of many stages, each of which plays an important role in the formation of a professional judiciary establishment.

The author states that the special procedure for selecting candidates to the seats on the bench of the Supreme Court consists of the following stages: the announcement of a competition, the filing of an application by a candidate; assessment of the candidate's compliance with the requirements of the legislation; formation of a candidate's record; conducting a special check; qualifying examination consisting of an exam, record research and interview; formation of the rating for participation in the competition and conducting the competition on the basis of such a rating, on the ground of which the decision to make recommendations to the High Council of Justice is made; the decision of the High Council of Justice to submit a submission to the President of Ukraine on the appointment of a judge to the post of Supreme Court; appointment as judge of the Supreme Court.

After investigating the indicated stages on the example of the contest before the Economic Court of Cassation of the Supreme Court held in 2017, the author criticizes some gaps in the legislation and in the procedure for selecting candidates for a judge.

The author refers to such gaps, in particular, the absence of a statutory deadline during which the High Council of Justice is obliged to send a petition to President of Ukraine for the appointment of a judge to the post.

In addition, the author considers terms given to the President to issue a decree appointing judges for positions as unreasonably long and therefore proposes to reduce this period from 30 days to 15 days.

Keywords: Supreme Court, cassational instance, competition, candidates to the seats on the bench. 

Some aspects of the procedure for selecting candidates to the seats on the bench of the Supreme Court