COMPARATIVE ANALYSIS OF REQUIREMENTS FOR JUDGE CANDIDATES: UKRAINE, POLAND AND EU COUNTRIES

Abstract

The article analyzes the qualification requirements for candidates for the position of judge in Ukraine, Poland and EU countries, which are a system of requirements and conditions for admission to the position of judge and a kind of guarantor of high-quality justice, high moral and professional level of judicial authorities. The authors note that usually the system of general requirements for candidates for the position of judge in different states is represented by the criteria of citizenship, higher legal education, minimum or maximum age requirements, practical work experience, high business and professional qualities. The system of special requirements differs in aspects of specialized judicial training or completion of the required internship. The article analyzes international experience for borrowing the best legislative practices and recommendations for improving the legal regulation of requirements for a candidate for the position of a judge in domestic legislation. The authors compare the qualification requirements for candidates for the position of judge in the courts of general jurisdiction of Ukraine and Poland, in the appeal courts of the two states, in the Supreme Courts of both Ukraine and Poland. In the article, the authors conclude that today it is necessary to improve the system of selection of judicial personnel in Ukraine. When developing the further course of judicial reform in Ukraine, it is necessary to consider the judiciary and the judicial system as an integral part of state power, which depends on structural and functional changes in the state mechanism, the direction of state development. The authors believe that at the stage of appointing a judge to a position, the system and mechanisms for researching information about a candidate for the position of judge from the point of view of integrity and other qualities should be strengthened and the requirements for age and professional experience for candidates for the position of judge should be reviewed.