Constitutional Status of Judges: Main Elements and their Characteristics
The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which ar...
Ausführliche Beschreibung
Gespeichert in:
| Autor*in: |
Pavlo Prokhorov [verfasserIn] |
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| Format: |
E-Artikel |
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| Sprache: |
Englisch ; Ukrainisch |
| Erschienen: |
2019 |
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| Schlagwörter: |
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| Übergeordnetes Werk: |
In: Наукові записки НаУКМА: Юридичні науки - National University of Kyiv-Mohyla Academy, 2020, 5(2019), 8, Seite 57-64 |
|---|---|
| Übergeordnetes Werk: |
volume:5 ; year:2019 ; number:8 ; pages:57-64 |
| Links: |
Link aufrufen |
|---|
| DOI / URN: |
10.18523/2617-2607.2020.5.57-64 |
|---|
| Katalog-ID: |
DOAJ022930760 |
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| 520 | |a The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. | ||
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10.18523/2617-2607.2020.5.57-64 doi (DE-627)DOAJ022930760 (DE-599)DOAJefff596054c047dbbb6c6244b0c25869 DE-627 ger DE-627 rakwb eng ukr Pavlo Prokhorov verfasserin aut Constitutional Status of Judges: Main Elements and their Characteristics 2019 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. constitutional status of judges; appointment of judges; irremovability; incompatibility; independence of judges Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 5(2019), 8, Seite 57-64 (DE-627)1760601861 26630621 nnns volume:5 year:2019 number:8 pages:57-64 https://doi.org/10.18523/2617-2607.2020.5.57-64 kostenfrei https://doaj.org/article/efff596054c047dbbb6c6244b0c25869 kostenfrei http://nrplaw.ukma.edu.ua/article/view/208082 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei https://doaj.org/toc/2663-0621 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 5 2019 8 57-64 |
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10.18523/2617-2607.2020.5.57-64 doi (DE-627)DOAJ022930760 (DE-599)DOAJefff596054c047dbbb6c6244b0c25869 DE-627 ger DE-627 rakwb eng ukr Pavlo Prokhorov verfasserin aut Constitutional Status of Judges: Main Elements and their Characteristics 2019 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. constitutional status of judges; appointment of judges; irremovability; incompatibility; independence of judges Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 5(2019), 8, Seite 57-64 (DE-627)1760601861 26630621 nnns volume:5 year:2019 number:8 pages:57-64 https://doi.org/10.18523/2617-2607.2020.5.57-64 kostenfrei https://doaj.org/article/efff596054c047dbbb6c6244b0c25869 kostenfrei http://nrplaw.ukma.edu.ua/article/view/208082 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei https://doaj.org/toc/2663-0621 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 5 2019 8 57-64 |
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10.18523/2617-2607.2020.5.57-64 doi (DE-627)DOAJ022930760 (DE-599)DOAJefff596054c047dbbb6c6244b0c25869 DE-627 ger DE-627 rakwb eng ukr Pavlo Prokhorov verfasserin aut Constitutional Status of Judges: Main Elements and their Characteristics 2019 Text txt rdacontent Computermedien c rdamedia Online-Ressource cr rdacarrier The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. constitutional status of judges; appointment of judges; irremovability; incompatibility; independence of judges Law K In Наукові записки НаУКМА: Юридичні науки National University of Kyiv-Mohyla Academy, 2020 5(2019), 8, Seite 57-64 (DE-627)1760601861 26630621 nnns volume:5 year:2019 number:8 pages:57-64 https://doi.org/10.18523/2617-2607.2020.5.57-64 kostenfrei https://doaj.org/article/efff596054c047dbbb6c6244b0c25869 kostenfrei http://nrplaw.ukma.edu.ua/article/view/208082 kostenfrei https://doaj.org/toc/2617-2607 Journal toc kostenfrei https://doaj.org/toc/2663-0621 Journal toc kostenfrei GBV_USEFLAG_A SYSFLAG_A GBV_DOAJ AR 5 2019 8 57-64 |
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Наукові записки НаУКМА: Юридичні науки |
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Наукові записки НаУКМА: Юридичні науки |
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Pavlo Prokhorov |
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10.18523/2617-2607.2020.5.57-64 |
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constitutional status of judges: main elements and their characteristics |
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Constitutional Status of Judges: Main Elements and their Characteristics |
| abstract |
The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. |
| abstractGer |
The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. |
| abstract_unstemmed |
The article analyzes the scholars’ research on determining the elements of the constitutional status of judges. The article presents the author’s view on some definitions of the constitutional status of judges. The article proposes to determine four basic guarantees of the status of judges, which are necessary for the proper functioning of the judicial branch of power: the principle of appointment of judges, the principle of irremovability of judges, the principle of independence of judges, and the principle of incompatibility. The principle of appointment of judges means the procedure of formation of a judiciary; the principle involves an independent competitive selection which is divided into two stages: the assessment of legal professional skills and competences (“exam”) and the assessment of social and psychological skills and competences with an additional assessment of legal professional skills and competences (“interview”). The author gives some examples that prove the fact that there are still some problems connected with the principle of appointment of judges in Ukraine. The principle of irremovability restricts the sphere of influence on judges and provides judges with the assurance that they can be removed only because of their own incompetence. A special attention is paid to the importance and necessity of the principle of independence of judges. The article also provides some examples of nihilism of the principle of independence of judges. The principle of incompatibility means that judges cannot be guided by their own interests. The author notes that guarantees of the constitutional status of judges are really effective only if all four principles are available and followed. The author pays attention to the fact that most of the guarantees of the judges’ status are common in the constitutions of many foreign countries, in spite of many differences in their cultural, political, social development and legal consciousness. |
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Constitutional Status of Judges: Main Elements and their Characteristics |
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https://doi.org/10.18523/2617-2607.2020.5.57-64 https://doaj.org/article/efff596054c047dbbb6c6244b0c25869 http://nrplaw.ukma.edu.ua/article/view/208082 https://doaj.org/toc/2617-2607 https://doaj.org/toc/2663-0621 |
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