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MykhailoTSURKAN,

Deputy Director of the Testing Center of the National School of Judges of Ukraine, Judge of the Supreme Administrative Court of Ukraine retired, Candidate of Law Siences, Honored Lawyer of Ukraine

THE PROFESSIONAL COMPETENCE IN PROCEDURES OF SELECTION ON JUSTICESHIP AND QUALIFYING EVALUATION OF JUDGES

An author investigates the concept of professional competence of judge (candidate on justiceship), as one of key criteria of selection and further stay on positions of judges in the process of reformation of department judicial of Ukraine. Proves that in competitive procedures and in the process of qualifying evaluation it costs to use the narrow understanding of concept of professional competense, id est as knowledge, abilities and skills necessary and sufficient for realization of justice in a corresponding court.

Such narrow, or traditional determination gives an opportunity to turn out the corresponding criteria of measuring, that will consist in finding out of level of professional preparation of person and not intersect with research of qualities that are important for the profession of judge, however need other scale for their evaluation.

Displace attention on different volumes of professional competence of candidates on justiceship and operating judges.

It offers to name the competense of persons that apply on position of judges the perspective professional competense of judge, and competense of operating judges by the purchased professional competense of judge.

It is marked that the basic means of establishment of accordance of persons of criterion of professional competence is examination.

Attention is accented on the differences of examinations, as: the aim of selection examination is checking of level of general theoretical knowledge of candidate for justiceship in the field of a right; in the process of qualifying examination it is required not only to check theoretical knowledge of candidate but also find out his ability to master practical skills and abilities to apply a law and conduct the judicial meeting in the process of the special preparation; examination in the process of qualifying evaluation has for an object exposure of level of knowledge, practical skills and abilities in application of law, ability to carry out a justice in a corresponding court and with corresponding specialization.

It offers to simplify the mechanism of qualifying evaluation of operating judges.

Key words: competence, professional competence of judge, selection on justiceship, qualifying evaluation of judges, qualifying levels of the programs of examinations.

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