scholarly journals Peculiarities of the procedure of selection and appointment of a judge

Author(s):  
Vyacheslav Harkusha

The article deals with state of modern staffing of the judiciary, the problematic issues of the selection and appointment of a judge. In particular, the legislation that determines the procedure for selection for the position of a judge, as well as the stages of such selection are analyzed. The shortcomings of the legislation have been identified and proposals have been made to improve and optimize this procedure. It is proposed to adopt the Law of Ukraine, which will amend the procedure for forming the High Qualification Commission of Judges of Ukraine. Take measures to elect members of the High Qualifica-tions Commission of Judges of Ukraine and complete the selection for the position of a judge of a local court, as well as continue the competition for vacant positions of appellate courts. It is proposed to simplify the selection procedure for the position of a local court judge. It is rea-sonable to carry out special training of candidates for the position of a judge only in the specialty chosen by the candidate. Due to this, you can at least halve the period of special training - from 12 to 6 months. It is also justified inexpediency to conduct 2 exams during the selection - entrance and then quali-fication. It is proposed to unite them and immediately after the selection exam to conduct a qualifying exam, to determine the rating of candidates, on the basis of which to hold a competition for vacant positions of judges in specific courts. Taking into account the specializations chosen by the candidates, it is proposed to carry out special training with an internship in the court where the candidate won the competition. During the special training, a special examination of the candidate and his / her integrity must be performed. In case of successful implementation of the special training program and passing the special examination of the candidate, the High Qualification Commission of Judges of Ukraine (or the High Council of Justice) submits to the President applications for appointment. It is proposed to conduct an interview with the candidate only in the event that the results of a special inspection will establish the circumstances that require additional explanations of the candidate. It is also proposed to enshrine at the legislative level a strategy for the development and im-provement of the administration of justice for at least 10 years. Changes to the legislation and adjustment of certain norms are possible only within the framework of the adopted strategy.

Methodology ◽  
2018 ◽  
Vol 14 (4) ◽  
pp. 177-188 ◽  
Author(s):  
Martin Schultze ◽  
Michael Eid

Abstract. In the construction of scales intended for the use in cross-cultural studies, the selection of items needs to be guided not only by traditional criteria of item quality, but has to take information about the measurement invariance of the scale into account. We present an approach to automated item selection which depicts the process as a combinatorial optimization problem and aims at finding a scale which fulfils predefined target criteria – such as measurement invariance across cultures. The search for an optimal solution is performed using an adaptation of the [Formula: see text] Ant System algorithm. The approach is illustrated using an application to item selection for a personality scale assuming measurement invariance across multiple countries.


2005 ◽  
Vol 22 (2) ◽  
pp. 429-454
Author(s):  
Serge Bouchard ◽  
Marie-Michèle Lavigne ◽  
Pascal Renauld

The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional


Discourse ◽  
2020 ◽  
Vol 6 (5) ◽  
pp. 97-112
Author(s):  
M. A. Flaksman ◽  
Yu. V. Lavitskaya ◽  
Yu. G. Sedelkina ◽  
L. O. Tkacheva

Introduction. The present article is aiming to describe the procedure of stimuli selection for the psycho-semantic experiment on visual perception of imitative words in native (Russian) and non-native language (English). The methodology of the experiment is predominantly based on the implementation of the “lexical decision” method. Thus, the aim of the article is to verify the procedure of and to define clear-cut criteria for the material selection. In particular, we introduce indicating de-iconization stage of imitative words as an important criterion for data pre-selection. De-iconization is a gradual loss of an iconic sound-sense link in an imitative word due to the parallel impact of regular sound changes and semantic shifts.Methodology and sources. The  research  methodology  is  based  on  the  works  ofS. V. Voronin who is the founder of phonosemantics as a linguistic discipline inRussia, as well as on works of his followers (including a co-author of this paper, M. A. Flaksman). The article is also based on the methodology of research on phonotactics. The authors also use psycho-semantic methods such as the method of lexical decision. The main sources of stimuli selection are The Russia Etymological Dictionary by M. Vasmer, The Oxford English Dictionary, the frequency dictionaries by O. N. Liashevskaya and S. A. Sharov. The classification of imitative words according to their de-iconization stages was done by the method of the diachronic evaluation of the imitative lexicon.Results and discussion. As a result of a rigorous selection procedure described in the article the authors arrived on 128 stimuli (an even number (64 + 64) of words and quasiwords). The quasi-words are coined according to phonotactic rules and made according to the same pattern as the corresponding words. The group of real words is constituted of two sub-groups: 32 imitative words and 32 non-imitative words. The words from these two subgroups are homomorphous – they have the same number of syllables, frequency and belong to the same parts of speech. Imitative words include onomatopoeic and soundsymbolic words of different sub-classes and de-iconization stages. The combination of the material selection methods discussed in this paper (especially, the introduction of the distinction of imitative words according to their de-iconization stage) is aiming at facilitating the experiment procedure as well as eliminating the chance factors.Conclusion. The stimuli selection for the psycholinguistic experiment based on the procedure introduced in this paper allows to establish the existing patterns of the systematic function of human brain in the process of visual perception of imitative words on different de-iconization stages.


Author(s):  
Patrick Royston

Since Royston and Altman's 1994 publication ( Journal of the Royal Statistical Society, Series C 43: 429–467), fractional polynomials have steadily gained popularity as a tool for flexible parametric modeling of regression relationships. In this article, I present fp_select, a postestimation tool for fp that allows the user to select a parsimonious fractional polynomial model according to a closed test procedure called the fractional polynomial selection procedure or function selection procedure. I also give a brief introduction to fractional polynomial models and provide examples of using fp and fp_select to select such models with real data.


Author(s):  
John F. Maddox ◽  
Roy W. Knight ◽  
Sushil H. Bhavnani

Experimental measurements were used in conjunction with a numerical model to perform an in situ analysis of an IGBT cooling solution with a cold plate utilizing an 85–90°C ethylene glycol-water mixture as the cooling fluid. This process was used to aid in the selection of an appropriate thermal interface material (TIM) for the application. The effects of elevated temperature and thermal cycling on the performance of the TIM were investigated during the selection procedure. Applying the thermal grease with the cold plate at 70°C rather than 30°C caused a reduction in the junction to case resistance of 74% and 78% for the two thermal greases tested.


1966 ◽  
Vol 8 (3) ◽  
pp. 467-480 ◽  
Author(s):  
C. J. M. Hinks

1. The relationship between first lactation performance and the ability of individual animals to survive to the second lactation has been examined in Friesian and Ayrshire populations in an attempt to isolate the main determinants of survival, and to rationalise an apparently complicated selection procedure.2. Low milk yield was the most important single cause of culling in the first lactation, though the two breeds differed considerably in the relative importance of milk yield in the selection programme. Natural wastage, caused by factors beyond the control of the farmer, accounted for the disposal of 5·7% of the population during the first lactation. Selection for butterfat was marginal in both populations, and could only be detected at extreme butterfat percentages, where high butterfat tended to compensate for a poor milk yield, and low butterfat to confirm a decision to cull an average yielding animal. Survival was not significantly affected either by the size of the herd or by the age at calving.3. The proportion culled, and the intensity and effectiveness of selection for milk yield, were inversely related to the level of herd performance, and were greater in summer calving animals than in winter calvers.4. The analysis indicated that selection for milk yield in different environments could be adequately described in terms of the Normal Curve. Yield-survival curves were computed and compared for groups of animals in different herd and calving season environments. When milk yield was expressed in terms of the deviation from the herd-year average, it was found that summer calvers, and animals in low yielding herds, had to demonstrate a productive capacity of far greater individual merit, if their chances of survival were to match those of their winter calving herdmates, and those of their contemporaries in higher yielding herds. When milk yield was expressed in absolute terms the survival of individual animals of similar yield was comparable in all herd and season environments. It was concluded that all the herds included in the analysis had been subject to the same absolute standards of milk yield in the selection of first calvers.


World Science ◽  
2020 ◽  
Vol 2 (2(54)) ◽  
pp. 13-17
Author(s):  
Anna Boyko

The article describes the process of video materials’ criteria selection for building pre-service food technologist’s speech production competence and the procedure of video materials selection according to these criteria. The article defines the definition of selection criteria and determines factors were considered in the process of video materials’ selection criteria specification.


Zuriat ◽  
2015 ◽  
Vol 13 (1) ◽  
Author(s):  
Sugiono Moeljopawiro

An experiment was conducted to construct selection indices for yield. F2 populations of half diallel crosses involving six cultivars were analyzed to calculate phenotypic and additive genetic variances and covariances which were used to construct selection indices. Results of the selection index indicated that selection applied to several traits simultaneously was more efficient than selection based on an individual trait or a combination of only one or two traits. However, the choice of traits to be included in a selection index should be determined by their economic value and Index involving panicle length, grain length, and grain width, was a promising index in this study. A selection index properly constituted can be used to improve the selection procedure, once homozygousity is assured.


2015 ◽  
Vol 2015 ◽  
pp. 1-8
Author(s):  
Hassan S. Uraibi ◽  
Habshah Midi ◽  
Sohel Rana

Stability selection (multisplit) approach is a variable selection procedure which relies on multisplit data to overcome the shortcomings that may occur to single-split data. Unfortunately, this procedure yields very poor results in the presence of outliers and other contamination in the original data. The problem becomes more complicated when the regression residuals are serially correlated. This paper presents a new robust stability selection procedure to remedy the combined problem of autocorrelation and outliers. We demonstrate the good performance of our proposed robust selection method using real air quality data and simulation study.


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