Experience of Foreign Countries on Exercising Departmental Control over the Activities of Judges and the Possibility of Its Application in Ukraine

Keywords: departmental control, international experience, judicial authorities, a judge, legislation, a subject of control.

Abstract

The objective of the article is to study the positive experience of foreign countries in exercising departmental control over the activities of judges and to identify possible ways of its application in Ukraine.

While writing the article the author has used general scientific and special methods of scientific cognition, namely: systematic, comparative and legal, functional and documentary analysis.

Based on the analysis of scientific sources the author has studied the experience of the UK, France, Poland, Asian in exercising departmental control over the activities of judges. It has been determined that quite different approaches have been currently developed in Europe regarding the exercise of departmental control over the activities of judges, which is conditioned by the specifics of the legal systems of countries in general and the judicial system in particular. At the same time, despite the presence of certain differences, this does not exclude the possibility of applying the relevant positive foreign experience in our country.

Based on the results of the conducted research, the following has been suggested, taking into account international experience in exercising departmental control over the activities of judges: a) to optimize the system of entities, which are authorized to exercise control over the activity in the specified sphere; b) to create a legislative base for exercising departmental control over the activities of judges, in particular by developing and adopting a single legal act in this area; c) to strengthen the supervision over the courts while maintaining the limits of the independence of judges; d) to expand the financial and logistical support of the entities of departmental control; e) to create organizational and legal conditions, where judges will in no way be able to influence the departmental control; f) to develop a clear and understandable system for evaluating the performance of judges.

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Author Biographies

Mykola Ivanovich Inshyn, National Academy of Science of Ukraine.

Doctor of Jurisprudence, Professor, Academician of the National Academy of Science of Ukraine, Honored Lawyer of Ukraine, Labor and Social Security Law Taras Shevchenko National University of Kyiv.

Oksana Vasilievna Pchelina, Kharkiv National University of Internal Affairs.

Doctor of Jurisprudence, Associate Professor, Assistant Professor of the Department of Criminal Procedure and Organization of Pre-trial Investigations of the Faculty No. 1 of Kharkiv National University of Internal Affairs.

Tatiana Mikhailovna Yamnenko, National Aviation University.

Doctor of Laws, Professor at the Department of Civil Law and Process at the Law Faculty of the National Aviation University.

Hаlyna Viktorivna Tatarenko, Volodymyr Dahl East Ukrainian National University.

PhD in Law, Associate Professor, Head of the Department of Constitutional Law of the Law Faculty Volodymyr Dahl East Ukrainian National University.

References

Berendt, J. (2019). Polish Government Pushes Legislation to Tighten Control Over Judges / [Internet resource].
URL: https://www.nytimes.com/2019/12/21/world/europe/poland-judges-independent.html.

Berger, Peter L. (1973). The Social Reality of Religion. Penguin. p. 21.

Chong, A. & Cozzubo, A. (2019). On Judicial Reform and Corruption in Developing and Transition Economies. International Center for Public Policy. Georgia State University. Atlanta, Georgia.

Ferreira e Silva, R. A., Guimaraes, T. A. & Sousa, M. M. (2019). What Judges Think About the Meaning of Their Work. International Journal for Court Administration, 10(1), pp. 59-66.

Hodovanets, V. F. (1, 2005). Materials on the subject “Constitutional Law” / Judicial power of Great Britain / [Internet resource].
URL: http://textbooks.net.ua/content/view/3379/20/.

Hodovanets, V. F. (2, 2005). Material on the subject “Constitutional Law” / Judicial Power of France [Internet resource].
URL: https://textbooks.net.ua/content/view/3373/20/.

Kisilev, I. Ya. (2005). Comparative Labor Law. M, p. 728.

Kuzmenko, O. V., Pastukh, I. D., Korystin, O. Ye. and others (2014). Administrative law of Foreign Countries: course of lectures / under edition of O. V. Kuzmenko. K.: Yurinkom Inter, p. 528.

Nazarov, I. V. (2011). Classification of Judicial Systems of European Countries. Bulletin of the Academy of Law Sciences of Ukraine. Kharkiv: Law, 1 (64), pp. 198-207.

Nestor, N. V. (2019). Administrative and Legal principles of Carrying out Control over the Activities of Courts (Judges) in Ukraine: Doctoral thesis by the specialty: 12.00.07 / Open International University of Human Development “Ukraine”. Sumy, p. 539.

Rahmati, M., Sheidaeian, M., MirKhalili, S., & Darabi, S. (2019). Principle of supervision of criminal procedure. Amazonia Investiga, 7(14), pp. 187-196.

Razai, S. S. (2018). The Role and Significance of Judges in the Arab Middle East: An interdisciplinary and empirical study: the thesis for the degree of PhD. University College London, p. 338.

Rozporządzenie ministra sprawiedliwości z dnia 25 października 2002 r. w sprawie trybu sprawowania nadzoru nad działalnością administracyjną sądów. Czytaj więcej na Prawo / [Internet resource].
URL: https://www.prawo.pl/akty/dz-u-2002-187-1564,16989752.html.

Safin, Z., & Nurie, A. (2019). Role of judicial organs in providing the stability of land legal relations. Amazonia Investiga, 8(18), pp. 438-441.

Sereda, M. (2016). Selection System for judges’ positions in Great Britain. How Can We Use the British Experience for Ukraine? [Internet resource].
URL: http://pravo.org.ua/ua/news/20871655-sistemi-doboru-215na-suddivski-posadi-u-velikobritaniyi.-yak-mogena-vikoristati-britanskiy-dosviddlya-ukrayini.

Sorochyshyn, M. (2017). Legal Regulation of Production Councils’ Activity in Germany: Experience for Ukraine. Entrepreneurship, management and law, 3, pp. 98-101.

The English System of Justice. The Slynn Foundation. (2014) / [Internet resource].
URL: https://slynn-foundation.org/wp-content/uploads/2014/07/The-English-system-of-justice-Ukrainian-judiciary-seminars-Ukrainian-version.pdf.

Thilakarathna, K.A.A.N. (2019). Environmental Protection through Judicial Review: The Sri Lankan Experience. Sabaragamuwa University Journal, 17 (1), pp. 15-23.

Visser, M. (2019). Constitutional Judges as Agents for Development. Law and Development Review.
DOI: https://doi.org/10.1515/ldr-2019-0042.

Yatsyshyn, M. (2013). Basics of Constitutional Law of Great Britain: Open-source lecture. Lutsk: Lesya Ukrainka eastern European National University, Series of scientific and methodological editions “Open-source lectures”. Issue 2, p. 24.
Published
2020-05-18
How to Cite
Inshyn, M., Pchelina, O., Yamnenko, T., & Tatarenko, H. (2020). Experience of Foreign Countries on Exercising Departmental Control over the Activities of Judges and the Possibility of Its Application in Ukraine. Amazonia Investiga, 9(29), 243-249. https://doi.org/10.34069/AI/2020.29.05.27
Section
Articles