THE ISSUES OF COMPETENCY ASSESSMENT OF JUDGES IN RUSSIAN AND FOREIGN LEGISLATION
Authors:
1.
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
14.12.2016
Accepted:
21.12.2016
Published:
21.12.2016
Language:
Russian
Keywords:
judge, court of general jurisdiction, competency assessment, organizational and legal mechanism, career, professionalism.
Abstract (English):
The theme of competency assessment rarely becomes the subject of special scientific research. The main focus in the legal literature is usually paid to the issues related to the status of a judge, the requirements for candidates for the post of judge, professionalism of the judges, etc. Meanwhile, this theme has a great research potential not only to consider the hierarchy of judicial positions in the system of courts of general jurisdiction, but also to develop the concept of a judge’s career, as well as to identify the problems associated with opportunities of a career and professional growth of the judge. The article proposes to consider the competency assessment of judges as an organizational and legal mechanism of motivation to quality fulfillment of their office duties, which contributes to their career growth. It is noted that when such mechanism for competency assessment of judges is set up, a delicate balance should be struck, allowing to assess professional knowledge and the results of the judicial activities of judges, without violating the guarantees of judicial independence. Taking stock of the current mechanism of competency assessment of judges the author reveals its main disadvantages, as well as comes to a conclusion that it is necessary to create a competency assessment procedure, which allows not only to evaluate the qualifications and professionalism of judges, but also in case of following its results to provide the career development.
The theme of competency assessment rarely becomes the subject of special scientific research. The main focus in the legal literature is usually paid to the issues related to the status of a judge, the requirements for candidates for the post of judge, professionalism of the judges, etc. Meanwhile, this theme has a great research potential not only to consider the hierarchy of judicial positions in the system of courts of general jurisdiction, but also to develop the concept of a judge’s career, as well as to identify the problems associated with opportunities of a career and professional growth of the judge. The article proposes to consider the competency assessment of judges as an organizational and legal mechanism of motivation to quality fulfillment of their office duties, which contributes to their career growth. It is noted that when such mechanism for competency assessment of judges is set up, a delicate balance should be struck, allowing to assess professional knowledge and the results of the judicial activities of judges, without violating the guarantees of judicial independence. Taking stock of the current mechanism of competency assessment of judges the author reveals its main disadvantages, as well as comes to a conclusion that it is necessary to create a competency assessment procedure, which allows not only to evaluate the qualifications and professionalism of judges, but also in case of following its results to provide the career development.
Keywords:
judge, court of general jurisdiction, competency assessment, organizational and legal mechanism, career, professionalism.
judge, court of general jurisdiction, competency assessment, organizational and legal mechanism, career, professionalism.
1. Ermoshin G. T. O sudebnoy kar´ere v ramkakh kvalifikatsionnoy attestatsii sudey: problemy teorii i praktiki. Rossiyskiy sud´ya. 2010. № 5.
2. Kleandrov M. I. O nesovershenstve mekhanizma kvalifikatsionnoy attestatsii sudey. Rossiyskoe pravosudie. 2015. № 6.
3. Kuznetsov V. V. Kvalifikatsionnye kollegii sudey: v interesakh sudebnoy vlasti i obshchestva. Kvalifikatsionnye kollegii sudey: vchera, segodnya, zavtra. M., 2012.
4. Neshataeva T. N. Kar´ernoe prodvizhenie sud´i: problemy pravovogo regulirovaniya. Zhurnal rossiyskogo prava. 2008. № 11.
5. Neshataeva T. N. Otsenka professional´noy deyatel´nosti sud´i: problemy pravovogo regulirovaniya. Rossiyskoe pravosudie. 2008. № 11.
