|Article title||Moral and Ethical Components of the Post of Judge in Ukraine|
PhD in Law, Honored Lawyer of Ukraine, (Kyiv, Ukraine) firstname.lastname@example.org
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
The article examines the principles according to which the judiciary is formed in Ukraine. The author highlights the need for updating of the standards of judge conduct in legislation, taking into account that judges widely use social media and other means of information exchange and dissemination. It is emphasized that one of major problems which the judiciary now faces is the need to restore the trust of citizens and society in the judiciary ensuring that every person feels respect for those who wear the judge robe.
The high level of requirements to professional training, moral, ethical and other personal qualities of persons applying for the post of judge necessitates the use of modern methods by which a personality can be examined.
The purpose of the article is to highlight and to emphasize the relevance of the issue of moral and ethical requirements to the judge (candidate for the post of judge), and their legislative regulation. As well as preventing any pressure and influence on the judiciary within the framework of current legislation, and ensuring compliance with the principle of independence of the judiciary in Ukraine.
Ukraine is in the period of ongoing search for and improvement of the ways to form the independent judicial branch of power. However, these processes should not hinder the operation of court and admittance of new judges, since life does not stand still and the judiciary needs constant updating.
Building up the judiciary by engaging the persons most eligible for the post of judge by their professional and personal qualities is one of the key aspects conductive to the successful completion of the judicial reform and the establishment of the strong and independent judiciary with high authority in society.
The author comes to the conclusion that now it becomes obvious why in recent years society is increasingly inclined to regard the work of judge exclusively through the negative prism, in terms of bringing a judge liable under law, or of determining the grounds and conditions under which a penalty may be imposed on a judge. One of the aspects inherent in this problem is the lack of morality in the conduct of judges. When it comes to problems within the judiciary, the question clearly arises who are members of the judiciary and what principles it is formed upon.
One of the elements of judge’s professionalism is the professional duty associated with professional honor, ethics, morality, lifelong improvement of skills, and facilitating the respect for law among the general public. In activities of the judge’s profession, of particular importance is judicial conscience which is formed on the basis of legal and ethical requirements. This judicial conscience drives a judge to act in accordance with his or her moral convictions and professional duties.
Professional qualities of a judge are a certain set of characteristics that should indicate what a judge is or should be, they allow highlighting the special thing that distinguishes the profession of judge from other professions. The judge’s activity is the domain where a great many special qualities and skills are realized that make up mentality of a person and determine his or her creative potential, and where the individual style of work is manifested. A judge, conducting the state activity, is the bearer of judicial power; a judge’s work involves high psycho-emotional load, especially today.
|Keywords||judicial power; judge; morality; ethics; independence of judges; professional selection|
1. Aparova T, Sudy i sudebnyj process Velikobritanii. Anglija, Ujel’s, Shotlandija [The Courts and the Court Process in the UK. England, Wales, Scotland] (Triada Ltd 1996) (in Russian).
2. Kleandrov M, Status sud’i: uchebnoe posobie [The Status of Judge: Training Manual] (Sibirskaja izdatel’skaja firma RAN 2000) (in Russian).
3. Koni A, Ugolovnyj process: nravstvennye nachala [Criminal Process: Moral Foundations] (Sovremennyj gumanitarnyj institut 2000) (in Russian).
4. Kuibida R ta inshi, Kvalifikatsiine otsiniuvannia suddiv 2016-2018: promizhni rezultaty [Qualification Assessment of Judges 2016-2018: Interim Results] <https://prosud.info/Qualification_Report_Full_EU.pdf> (accessed: 19.08.2019) (in Ukrainian).
5. Leko B, Yurydychna etyka: navchalnyi posibnyk [Judicial Ethics: Training Manual] (Knyhy-XXI 2008) (in Ukrainian).
6. Murad’jan Je, Sudebnoe pravo [Judicial Law] (Juridicheskij centr Press 2007) (in Russian).
7. Shevchuk S, Sudova pravotvorchist: svitovyi dosvid i perspektyvy v Ukraini [Court Lawmaking: World Experience and Prospects in Ukraine] (2-he vyd, Referat 2010) (in Ukrainian).
8. Aktualni problemy polityky. Zbirnyk naukovykh prats [Urgent Issues of Politics. Collected Scientific Papers] vyp 32 (Kivalov S red, Feniks 2007) (in Ukrainian).
9. Kavakin A (uporiad), Dokumenty Konsultatyvnoi rady yevropeiskykh suddiv: [ofits. vyd.] [Documents of the Consultative Council of European Judges: [Official Publication]] (In Yure 2015) (in Ukrainian).
10. Kravchuk M, ‘Etychni normy v pravovomu rehuliuvanni suspilnykh vidnosyn: teoretyko-pravovyi aspekt’ [‘Ethical Norms in the Legal Regulation of Public Relations: Theoretical and Legal Aspect’] v Profesiina etyka sudovoho protsesu: materialy kruhloho stolu (24 lystopada 2017 roku) [Professional Ethics of Court Process: Materials of the Round Table (November 24, 2017)] (Natsionalna akademiia prokuratury Ukrainy 2018) (in Ukrainian).
11. Maklakov V (otv red), Konstitucionnoe pravo: slovar’ [Constitutional Law: Dictionary] (Jurist 2001) (in Russian).
12. Chueva E, ‘Psihodiagnosticheskoe obsledovanie lichnosti kandidatov na dolzhnosti sudej kak odna iz sostavljajushhih povyshenija kachestva pravosudija i jeffektivnosti sudebnoj sistemy’ [‘Psychodiagnostic Examination of Personality of Candidates for Judicial Posts as One of the Components of Improving the Quality of Justice and the Efficiency of the Judicial System’] (2010) 2 Administrator suda 15-9 (in Russian).
13. ‘U Radi suddiv Ukrainy onovliuvatymut Kodeks suddivskoi etyky ta Pravyla povedinky pratsivnykiv sudu’ [‘The Council of Judges of Ukraine Will Update the Code of Judicial Ethics and the Rules of Conduct of Court Staff’] (Rada suddiv Ukrainy, 26.09.2018) <http://rsu.gov.ua/ua/news/u-radi-suddiv-ukraini-onovluvatimut-kodeks-suddivskoietiki-ta-pravila-povedinki-pracivnikiv-sudu> (accessed: 27.09.2019) (in Ukrainian).
14. Kamenskykh P, ‘U Verkhovnomu suddi khochut nainiaty piar-kompaniiu i zasterihaiut vid nastupu na svoiu nezalezhnist’ [‘The Supreme Court Intends to Hire a PR Company and Warn That Its Independence May Not Be Encroached’] (Zakon i Biznes, 21.09.2019) <https://zib.com.ua/ua/139312-u_verhovnomu_sudi_hochut_naynyati_piarkompaniyu_i_zasteriga.html> (accessed: 27.09.2019) (in Ukrainian).