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Article

Published

Issue 1

29-42

Currently, the content – the legal regulation segment – the notion of “candidate for the position of judge” of the state (not in the sense of arbitration, sports, etc.) court is reduced to the transfer of personal and other requirements, etc. to the position of judge. Meanwhile, it is obvious that in terms of his essential characteristics, the candidate for the position of judge should be an official who is preparing to become a judge. Such a person must have his own legal status, endowed with a certain set of rights, duties and responsibilities. The procedure for the promotion of a candidate to take up the position of a judge and empowerment of a judge, consisting now of nine stages and lasting an average year, should become shorter, more efficient, more meaningful, not reducible to simple expectation and get independent legislative fixing. The purpose of this study is to identify the requirements, parameters, conditions, characteristics, etc., which must be matched by the candidate for the position of judge at the final stage of his promotion to the judicial position. We are talking about special, professional and other tests, etc. candidate: questionnaire, professional, psycho-physiological, moral-ethical, etc., the passage of which should indicate the full readiness of the candidate to effectively send them justice. The aim of the study is to create a model of the legal institution of a candidate for judicial office, which allows to consolidate its basic parameters and characteristics legislatively. The methodological basis for the implementation of this study was the use of the dialectical method of cognition and the general scientific methods resulting from it: analysis, synthesis, comparison, induction, deduction, etc. The solution of this task was carried out on the basis of the private-scientific methods characteristic of modern jurisprudence: the historical comparative, which helped to reveal the gap in modern Russian law regarding the status of a candidate for the position of a judge as opposed to its presence – in its expanded form – in pre-revolutionary Russia; formal-logical, allowed to investigate the norms of legislation on the requirements for the position of a judge and to reveal their features, shortcomings and bottlenecks both in legal regulation and in practical law enforcement; Formal-legal, allowed to identify the imperfection of the legal consolidation of requirements for candidates for judicial positions, preventing their employment worthy of this professionals; System-structural analysis, which allows to consider the legal regulation of the selection of candidates for the position of judges and their empowerment in the system of legal norms, etc. The results of this study are formulated proposals on the legislative consolidation of status characteristics and other requirements, along with competitively comparable wishes for a candidate for the position of a judge. Elimination of unjustified barriers and restrictions, as well as the formation of scientifically verified requirements and competitively comparable wishes, enshrined in legislation, will ensure the qualitative strengthening of the judiciary of Russia and prevent the penetration of persons unworthy of objective grounds-the judicial mantle.

01.01.2018

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