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УДК 347.986                                                                                                                                                                                               PDF

ORCID: 0000-0002-7669-0576

ORCID: 0000-0002-6648-9764

DOI 10.37566/2707-6849-2021-1(34)-2

 

 

Nana BAKAIANOVA,

Headб the Department of Organization of Judicial, Law Enforcement Bodies and Advocacy of the National University "Odessa Law Academy", Doctor of Law, Professor, Honored Lawyer of Ukraine

Andrii KUBAIENKO,

Associate Professor, the Department of Organization of Judicial, Law Enforcement Bodies and Advocacy of the National University "Odessa Law Academy", Candidate of Law Sciences, Associate Professor

INSTITUTE OF THE JUDICIAL SUPERVISION AND

THE PROVISION OF METHODOLOGICAL ASSISTANCE TO JUDGES IN UKRAINE

The paper is devoted to analysis of the current concerns of the judicial supervision and significance of the provision of methodological assistance to judges considering the historical experience. It is indicated that provision of the methodological assistance to judges is particularly important under current conditions as it ensures administration of fair and impartial justice. Every person’s right to fair trial based on supremacy of the law is achieved via accomplishing certain powers both procedural nature and out-of-court procedures. Procedural powers of the court are realized during consideration of a case by the corresponding judicial jurisdiction while the out-of-court powers are accomplished when ensuring so-called functions which main objective is to provide for the unified judicial practice. Formation of the unified judicial practice can be achieved provided a similar application of all norms of the law of substance and procedural law only because the law should equally apply to everybody under similar circumstances.

The paper states that delegation of powers to the court of appeal, as regards provision of the methodological assistance to local courts in administration of legislation, preconditions certain activity of the court and its chairman aimed at accomplishing this authority and presence of the levers to respond to problems arising in the judicial practice. Practical exercise of powers by the court of appeal, as regards provision of the methodological assistance to local courts, may not be connected with the institute of supervision only because there exist other kinds of such assistance provision.

It is emphasized in the paper that the terms “supervisor” and “supervision” may not refer to the activity of courts and judges as regards the meaning, and do not meet the constitutional principle of the independence of judges. The authors indicate that filing a disciplinary complaint against judges in connection with the results of the methodological assistance which the supervising judges provide contains signs of the supervision powers and external influence that doesn’t  meet the requirements of the effective legislation of Ukraine concerning judicial machinery and status of judges. The conclusions state a necessity of the legislative regulation of the methodological assistance which the higher judicial courts provide to the lower level courts to improve quality of court judgments and court activity in this sphere.

Keywords: methodological assistance, court supervision, powers of judges, forms of the methodological assistance.

 

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