In the article the author proposes problem solving ways of qualification assessment of judges based on the results of her own theoreticalresearch, discloses separate issues of quality of qualification assessment during the confirmation of judge’s compliance withthe position (applicant for the position) from case file research and conducting interviews by members of the High qualification commissionof judges of Ukraine based on provisions of the current legislation of Ukraine and law enforcement.Statistical observations, scientific research and expert studies, case law reveal not only the need to update the judiciary, but alsoto eliminate excessive and unjustified formalism, subjectivity in the exercise of authority to provide quality services, administrative proceduresto ensure the true quality of qualification assessment, compliance / non-compliance of a judge (applicant for the position) withthe criteria of professional competence, ethics and integrity.Legal policy, value system, tendency towards law and order, the human dignity, the protection of individual rights should be abenchmark in uniting the efforts of all members of society to establish the rule of law, ensure the functioning of an independent judiciaryand good governance, build an independent judiciary, the realization of equal opportunities for personal development, as well as theoptimal use of public resources in line with the goal of public policy – the establishment of the rule of law in Ukraine, the purpose ofthe budget program – ensuring the rule of law and protection of human rights and freedoms through the formation of a virtuous, highlyprofessional and independent judiciary.An important component of ensuring the quality of justice is timely and objective assessment of a judge’s competence, the effectivenessof training / maintenance of skills and the definition of professional skills, in particular on the basis of thorough analysis ofrevoked decisions and consideration of complaints, corrected mistakes, “template proceedings”, reasons for the formation of individualopinions in resolving disputes, taking into account the circumstances in connection with the departure from the preliminary conclusionsof the courts of cassation and compliance with procedural deadlines. Problems of subjective, selective approach, which are manifestedin different attitudes towards the participants of the qualification assessment, in order to confirm / not confirm the judge’s suitabilityfor the position and / or conduct competitions during the examination case files and conducting interviews by members of the Highqualification commission of judges of Ukraine, including on the different approach in responding to the conclusions and informationof the GRD with consideration in plenary (without plenary consideration), require further scientific analysis and improvement of legalregulation to prevent abuse of the right to equal opportunities, the right to be heard, the right to a fair trial, the right to quality judicialservices and administrative procedures with the implementation of the principles of good governance.
Problematic points of the quality of qualification assessment of judges
