Review

The article is devoted to research of foreign experience of becoming of institute of magistrate’s courts. Its introduction will become the progressive phenomenon in the field of justice and will be instrumental in its democratization. Magistrate’s courts in other states decide morally legal conflicts and examine simple civil and criminal cases, it helps in diminishing of loading on county courts and in rev-up and operationability of consideration of cases. Exploring the draft law «On magistrates communities» the author notes that conclude that, of the Peace courts does not apply to the judicial system of Ukraine, as advocates of local communities as a means of extra-judicial dispute resolution (mediation or modeled arbitration courts).

It is noted that judges appointed magistrates courts on behalf of the British Crown, Lord Chancellor, which considers nominations submitted by advisory committees that exist in every county of England and Wales. Legal qualifications are not a prerequisite to this appointment, members of the expert commissions rather take into account the personal and moral qualities of the candidates and their understanding of the work. Candidates for the post of magistrate-picked mostly among middle-class and middle age.

Procedure and forms of proceedings specified in the bill, contrary to fundamental principles of arbitration and mediation – a voluntary agreement of the parties to the dispute between them. Based on the provisions of the bill as Justice of the Peace courts have the right to exercise clerks proceedings and collect from the debtor's money or property without summon and call a meeting of the parties to hear their explanations.

Keywords: court, magistrate court, justice, the judiciary.