REFORM AND PROGRESS OF JUDICIAL EDUCATION AS A FACTOR OF JUDICIAL CAREER AND THE QUALITY OF JUSTICE
NinaKUCHERUK,
Leading researcher at the National School of Judges of Ukraine
REFORM AND PROGRESS OF JUDICIAL EDUCATION AS A FACTOR OF JUDICIAL CAREER AND THE QUALITY OF JUSTICE
The article concerns the main components of judicial education and its correlation with further career and the quality of justice, analysis of legislative amendments and their influence on initial trainings and in-service training for judges.
Judiciary education involves: initial trainings for candidates for the position of judge; in-service training for judges; periodic in-service training; in-service training for judges that are temporarily suspended.
Successful initial and periodic in-service training for judges ensure quality performance of legal proceedings, serves the basis for raising public confidence in the court and establishing the rule of law. The National School of Judges of Ukraine, a state institution with a special status, carries out such trainings.
Recent legislative amendments aimed at the improvement of the quality of judicial education are as follows: a) increasing the duration of initial trainings from 6 to 12 months (with the possibility of reducing this term by an authorized body), which is evidence of compliance with the recommendations of the Consultative Council of European Judges stipulated in subparagraphs 28, 30 of Conclusion No. 4 (2003) on appropriate initial and in-service training for judges at national and European levels; b) refusal to hold remote trainings for candidates, which is generally not applicable in the world; c) shortening the duration of training for candidates with the experience of assistant judge due to their specific knowledge and professional experience.
Successful passing of such trainings is considered in the formation of a judge’s dossier and during qualifying assessment. Instead of trainings every three years, it is proposed to introduce continuous trainings of judges due to legislation volatility, formation of a new practice of the European Court of Human Rights and conclusions of the Supreme Court. Upgrade of judges expertise may be hindered by their workload, which may be reduced by way of increase of the judiciary body staff.
Key words: judicial education, judicial training, competent judicial process, judicial career, quality of justice.
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