The article examines several issues of forming of a highly professional judicial establishment in Ukraine. The author draws attention to the need to legislative implementation in Ukraine of specific, detailed requirements and criteria that would allow to give a professional assessment of a judge’s ability to perform professional duties effectively, taking into account his professional, personal abilities throughout his tenure, which would encourage increase confidence in the judiciary.

       The purpose of the article is to study the determination of the judicial establishment and improvement of access to the position of judges in order to effectively use all possible means and methods that will help to avoid future doubts about the legitimacy of an individual judge. The independence of judges is a constitutional principle of the organization and functioning of courts, as well as the professional activities of judges, who in the administration of justice are subject only to the law.

       The independence of judges is ensured, foremost, by a special procedure for their appointment and dismissal, the prohibition of any influence on judges, and the protection of their professional interests.

        The author concludes that it is expedient to talk about the complexity of the problemof effective “vital activity” of the judiciary in Ukraine, given the existing issues, both among the judges themselves and their environment. It is advisable to legislate for judges to undergo appropriate periodic medical examinations. Given the fact that nervous overload is often exacerbated by violations of the usual mode of life, reducing the time a person spends on rest, in total it can lead to the development of emotional instability in relation to the manifestation of reduced communicative competence.

      The question of taking measures in the process of selection and appointment to the position of a judge to prevent the potential occurrence of a conflict of interest for a judge during the consideration of cases also arises. Legislative implementation of restrictions extensions on the appointment of a judge to persons who have been dismissed for violating the oath of a civil servant or prosecutor or for other compromising grounds that may cast objective doubt on the integrity of such a candidate.

Bibliography

Authored books

 1. Koni A, Ugolovnyj process: nravstvennye nachala (Sovremennyj Gumanitarnyj Institut 2000) (in Russian).

2. Shyshkin V, Sudovi systemy krain svitu (Yurinkom Inter 2001) (in Ukrainian).

Journal articles

3. Skomorokha L, ‘Pravove polozhennia moralno-etychnoho aspektu posady suddi v Ukraini, intehratsiia okremykh mizhnarodnykh tendentsii’ (2013) 5 Pravo Ukrainy 362 (in Ukrainian).

4. Skomorokha V, ‘Zakhyst prav i svobod liudyny Konstytutsiinym sudom Ukrainy v konteksti praktyky Yevropeiskoho sudu z prav liudyny’ (2002) 2 Visnyk Konstytutsiinoho Sudu Ukrainy 40 (in Ukrainian).

Dissertations

5. Skomorokha L ‘Konstytutsiino – pravovi aspekty formuvannia profesiinoho suddivskoho korpusu v Ukraini: sutnist. mekhanizm realizatsii’ (dys kand yuryd nauk, 2010) (in Ukrainian).

Websites

6. Mostova I, ‘Konflikt interesiv u diialnosti suddiv: osoblyvosti vrehuliuvannia’ <https://yur-gazeta.com/publications/practice/inshe/konflikt-interesiv-u-diyalnostisuddivosoblivosti-vregulyuvannya.html> (accessed: 07.09.2020) (in Ukrainian).