Section: International law

Safonova Oksana

Postgraduate student of the Kyiv national economic University named after Vadym Hetman, Ukraine

Foreign experience of legal regulation of professional training of judges

Effective functioning of the judiciary as ensuring a professional and fair justice, adequate protection of rights and freedoms and quality of the proceedings interrelated competence and knowledge of the judges considering the case. By reason of unlawful decisions taken in violation of the law is not qualified judges and a low level of knowledge.

In order to make impossible the adoption of the unlawful decisions of the judges, it is necessary to improve the process of training of judges, to resolve conflicts and gaps between the legal norms that regulate the process of professional training of judges.

Determining directions of improvement of professional training of judges should refer to the experience of the National school of judiciary and public Prosecutor's office in the Republic of Poland. The training is divided into two stages - General and training for the candidates to acquire the status of judges. General training lasts for 12 months, during which participants attend lectures and practical training according to the training program. After each phase of training identified in the training schedule, the participant must undergo a mandatory practice in the General courts, the Prosecutor's office or other institutions related to the activities of the judicial system. After passing the General training is training judges, which lasts for 48 months. Only after completion of all stages of preparation, the judge has the right to apply for the vacant position of a judge in the district court [1, s 2].

The national training school for judges in France is divided into initial training and refresher training (without separation from work). Initial training lasts for about 31 months covers: 2 years General theoretical training with internship in court (9 months), the police, prison authorities, law Bureau (6 months); 6 months theoretical training in Bordeaux in the chosen specialization to practice in the court of first instance and court of appeal (5 months) [2, s. 12].

Requirements to the candidate for the post of judge for the passage of special training in Ukraine such requirements in France, where the right to exercise judicial office, as the office of the Prosecutor, a person with a diploma and a recommendation of the National school of magistrates. To this school do graduates of law schools who have received basic legal training, as well as some categories of civil servants [2, S. 11].

The specific organization of educational programs for judges in France is that they are designed and prosecutors. This is due to the special nature of the judiciary system prevailing in this country historically the judiciary consists of the judges - members of the court and Prosecutor's office at the court of Cassation, courts and tribunals of first instance and staff of the Central administration, as well as auditors of justice. While the judiciary is divided into two separate categories: magistrates members of the court and judges-prosecutors, who have the right to move from one category to another [3, S. 287-289].

Introduced two stages of professional education of judges. The meaning of the first is professional preparation for entry into the position. The second step is improving the skills of elected judges. This training is optional. Each judge has the right, upon at least 5 days of training per year. Each court of appeals has one or more judges who are responsible for the duration of vocational education and interact with the National school of judges and other interested institutions. In addition, we can organize refresher courses for judges and lawyers together [4, S. 14].

Therefore, the stages of the training of judges exist not only in Poland but also in France.

In the UK the training of judges involved in the Board of education of judges, this was founded in 1979 for the training of judges who consider criminal cases. In 1985, its functions have been extended and Happy became involved in the education of the judges in civil cases and cases concerning family relations, as well as be responsible for the education of judges, chairmen and members of the courts. The Board of education of judges has five key areas of activity [4, S. 14]:

1. The provision of qualified training staff and freelance judges exercising judicial proceedings in civil, criminal and family law. All freelance judges must undergo initial training in the field, before starting work in the court and participate in workshops to improve the skills in each of these areas of law with an interval of 3 years throughout his judicial career.

2. Consulting the Lord Chancellor regarding the directions and content of education non-professional magistrates and the efficiency of its implementation committees of the courts of magistrates, as well as training of presiding judicial structures.

3. Advising the Lord Chancellor on appropriate standards and content of education of the judiciary in the tribunals.

4. Advising the Government on changes to the education requirements for judges, magistrates and court staff in the tribunals.

5. Promoting international cooperation in education of judges.

The training of judges in the Republic of Moldova and Georgia is also carried out in specialized institutions. In Georgia's High school of justice, and in Moldova - national Institute of justice.

Training at the High school of justice of Georgia covers theoretical classes, internships and seminars. Theoretical classes last for 5 months and is aimed at learning the skills of judges (in particular, the order hearings, drafting legal documents, and ethical standards). These methods include seminars, participation in role models the hearing and discussion of issues related to practical training. After school is a four-month internship in the courts or the Prosecutor's office and adman Seminary training. After the theoretical part of the examination process to assess knowledge obtained by the candidates. The next stage of validation of judges is final written exam. Assuming successful completion of the theoretical part, each candidate in the framework of the training takes place three-month internship [5, S. 64].

At the National Institute of justice training includes theoretical and practical classes. The training lasts 3 semesters, 2 of which are dedicated to classroom training and 1 - on practice. The third semester is in the form of training and once a week students will attend workshops that can be held as a role model court hearings (hearings), as well as drafting legal documents. During the semester students have the opportunity to get acquainted with a number of professions that are closely associated with the judicial system. So, the candidates for the position of judges spend 16 weeks in the courts, for 2 weeks in the Prosecutor's office and the institutions associated with the criminal prosecution, another week in the bar. That is, all initial training for up to 18 weeks [7].

In article 2 of the Law On the national Institute of justice of Moldova indicated that the activity should be funded from the state budget, even if you have other sources of income. In this regard, it is important to secure and maintain the unity of the positions that the state budget is the guarantee of a minimum or standard set of learning activities, for which no additional sources of funding. This kind of substitution of public funding other sources of funds creates risks for the sustainability of training institutions. In this situation the risk is that the curriculum can be dependent on the requirements of the donors, and not demand [6, S. 21].

This provision is particularly relevant in the light of paragraph 56 of the Recommendation CM/Rec (2010) 12 of the Committee of Ministers of the Council of Europe [8], which clearly indicated that judges should be provided with theoretical and practical initial training and qualifications that are fully funded by the state.

As a positive point, it should be noted that the date and venue of the competition are announced in the media and on the Internet not later than 60 days before the start of the contest on the website of the institution shall be published topics and other important information [6, S. 39].

Provides for the right candidate to appeal the result of the entrance examination the examination Committee. In this sense, the examination Committee, apparently, is both the first and second instance, and this means that the candidates have virtually no chance of an independent review of exam results.

In our opinion, the candidates should be a right of appeal to the administrative court, which would ensure full transparency and fairness.

A brief overview of the foreign practice of judicial education allows you to select the following characteristic features: 1) the education function of the judges is vested in special institutions (schools, academies), which have an Autonomous status; 2) usually, the training has two levels: beginner - implemented special training of candidates for judges, and the following system of training, which can be decentralized (to be carried out on the basis of universities and courts) and centralized (based on specialized center); 3) the training is conducted by the judge-practice; 4) the training is financed by the state budget or other sources; 5) judges have the opportunity to choose the time, form and place of training.

The experience of training for the judicial system that exists in foreign countries, may be useful for Ukraine in the part dealing with the introduction of the practice and the stages of preparation. However, under the existing conditions it is advisable to increase in terms of special training, because for those wishing to acquire the status of judges, additional problems arise due to the lack of necessary knowledge for the exercise of judicial functions.

Literature:

1. Grzegorz Borkowski Polish experience in the preparation of candidates for the posts of judges / Year / Borkowski // international workshop on the theme "the results of the first national selection of candidates for judges: experience, ways of improvement and implementation of special training of candidates". - 2012, 22-24 February. - S. 1-7.

2. Miller M Adequate training of judges as a component of judicial reform:international experience and its adaptation to the domestic law / M. Miller // the Bulletin of the Supreme qualification Commission of judges of Ukraine. - 2013.- No. 2. - S. 8-12.

3. The judicial system of the European countries. Guide // Translated from French by D. S. Vasiliev and English Acting Kobyakov. - M.: International relations, 2002. - S. 287-289.

4. Samson I. L. Education of judges: international experience and Ukrainian realities / I. L. Samson // Bulletin of the Supreme qualification Commission of judges of Ukraine. No. 1. - 2012. - C. 10-15.

5. Shvidenko J. Some aspects of the qualification of judges (from the experience of foreign countries) / I. Shvidenko, Century Koshinetsu // Bulletin of the State judicial administration of Ukraine. - №4(25). - 2012. - C. 59-67.

6. Report on Training of judges, the General Directorate of human rights and the rule of law. - Strasbourg, may 2012 - the Eastern partnership - Promoting legal reform in the Eastern partnership countries. - S.

7. Regulation on the organization and conduct of training of students of the National Institute of justice (approved at the Council meeting OF from 26.06.2009, (with changes and additions from 02.07.2010,, 10. 06. 2011).

8. Recommendation No. 12 (94) "the Independence, efficiency and role of judges (adopted by the Committee of Ministers of the Council of Europe on 518 meeting of the Ministers ' deputies 13.10.94 year). [Electronic resource]. - Mode of access: http://zakon4.rada.gov.ua/laws/show/994_323