INTERNATIONAL STANDARDS FOR THE FORMATION OF THE CORPS OF JUDGES AS THE BASIS OF IMPROVING THE GUARANTEES OF INDEPENDENCE OF THE COURT AND JUDGES

The article is devoted to the general characterization of the international standards for the formation of the corps of judges and the corresponding administrative procedures as a basis for improving the guarantees of independence of the court and judges, to determine on this basis the key ways of introducing these standards into the domestic system of legislation in order to resolve specific and specific other issues. It is substantiated that it is expedient to organize the international standards of formation of the corps of judges in the context of guaranteeing the independence of the court and judges according to the criterion of the object of their influence. According to this criterion, standards were identified concerning: recruitment of judges; staffing the subject of appointment of judges to positions; training of judges; guarantees during the service. In the course of the study, it was determined that in order to specify the notion of substantial disciplinary misconduct as a circumstance, which makes it impossible to appoint a judge, it is advisable to amend the Law «Оn the Judiciary and Status of Judges»: to supplement part 4 of Article 69 with paragraph 2, in which to specify the notion of substantial discipline misdemeanor as a circumstance, which makes it impossible to appoint a judge; amend Article 69, paragraph 4, after the words «for committing a material disciplinary offense» by the words «except as provided in the second paragraph of this paragraph». There are two ways to implement international standards in the work of the judiciary on the formation of a corps ofjudges. The first is the transfer of some of the powers of the High Qualifications Commission of Judges of Ukraine (including the selection of judges to the post) to the competence of the High Council of Justice. In the other part of its authority, the High Qualifications Commission of Judges of Ukraine must remain in charge of the judicial self-government bodies. The second is the complete retention of the relevant powers under the High Qualifications Commission of Judges of Ukraine, leaving the issue of the formation of the High Qualifications Commission of Judges of Ukraine within the jurisdiction of judicial self-governing bodies. The first way is recommended. In the course of the research, it was determined that guarantees of independence of the judiciary are purely practical categories. Actually enshrining them in the legislation will not guarantee the independence of the judicial branch of power, and in particular − the independence of judges in the resolution of court cases. Such guarantees only work if they are actually secured.