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.

References

1. 1. Polozhennia pro poriadok provedennia ispytu ta metodyku vstanovlennia yoho rezultativ u protseduri kvalifikatsiinoho otsiniuvannia [Regulations on the procedure for conducting the exam and the methodology for establishing its results in the qualification assessment procedure]: Rishennia Vyshchoi kvalifikatsiinoi komisii suddiv Ukrainy № 144/zp-16 vid 04.11.2016 data zvernennia 25.09.2018 (in Ukrainian).
2. Pro zatverdzhennia Poriadku provedennia spetsialnoi perevirky stosovno osib, yaki pretenduiut na zainiattia posad, yaki peredbachaiut zainiattia vidpovidalnoho abo osoblyvo vidpovidalnoho stanovyshcha, ta posad z pidvyshchenym koruptsiinym ryzykom, i vnesennia zmin do deiakykh postanov Kabinetu Ministriv Ukrainy [On Approval of the Procedure for carrying out a special inspection in respect of persons who are applying for positions, which involve taking a responsible or particularly responsible position, and positions with a higher risk of corruption, and amending certain resolutions of the Cabinet of Ministers of Ukraine]: Postanova Kabinetu Ministriv Ukrainy № 171 vid 25.03.2015 %D0%BF> data zvernennia 25.09.2018 (in Ukrainian).
3. Pro sudoustrii i status suddiv [On the Judiciary and the Status of Judges]: Zakon vid 02.06.2016 № 1402VIII data zvernennia 25.09.2018 (in Ukrainian).
4. Pro pryznachennia suddiv Verkhovnoho Sudu [On the appointment of judges of the Supreme Court]: Ukaz Prezydenta Ukrainy vid 10.11.2017 № 357/2017 data zvernennia 25.09.2018 (in Ukrainian).
5. Rehlament Vyshchoi rady pravosuddia [Rules of the Supreme Council of Justice]: Rishennia Vyshchoi rady pravosuddia vid 24.01.2017 № 52/0/15–17 data zvernennia 25.09.2018 (in Ukrainian).
6. Konkurs do Verkhovnoho Sudu: 630 kandydativ dopushcheno do kvalifotsiniuvannia [Contest to the Supreme Court: 630 candidates were admitted to qualifying] (Zakon i biznes) data zvernennia 25.09.2018 (in Ukrainian).
7. Praktychne zavdannia na konkursi do Verkhovnoho Sudu uspishno vykonaly 339 kandydativ iz 521 [339 candidates out of 521 successfully completed the practical task at the Supreme Court] data zvernennia 25.09.2018 (in Ukrainian).
8. Kostkina Yu O, ’Pravovyi status Vyshchoi rady pravosuddia’ [The legal status of the Supreme Council for Justice] (dys. kand. yuryd. nauk, Kiev National University im. Tarasa Shevchenka. Kyiv, 2018) 264 (in Ukrainian).