The Impact of the Procedure for Appointing Judges on the Guarantee of Independence of the Judiciary

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription or Fee Access

Abstract

In this paper, the authors examine the existing system of selection and appointment of judges to positions in the Russian Federation in order to identify its controversial elements that can affect the independence of the judicial system and directly the judges themselves. The authors also consider the experience of foreign countries in solving the above-mentioned problem in this area. The importance of this work lies in the need to review and propose ways to overcome the existing problems that have arisen in the construction of a competitive and independent process for selecting persons who, possessing relevant experience, knowledge and skills, administer justice in the country.

Full Text

Restricted Access

About the authors

Ivan V. Gusaim

FSUE «Main Center for Special Communications»; The Russian Presidential Academy of National Economy and Public Administration

Author for correspondence.
Email: GusaimIvan1997@yandex.ru

Leading specialist of the Property and Land Relations Department, Major of Special Communications; Postgraduate student of the Department of Legal Support for National Security of the Law Faculty named after M.M. Speransky of the Institute of Law and National Security

Russian Federation, Moscow; Moscow

Denis Yu. Petrov

The Russian Presidential Academy of National Economy and Public Administration

Email: petrov-dy@ranepa.ru
SPIN-code: 1908-4025

senior lecturer of issues at the Department of Management state and municipal property, Institute of Public Administration and Management

Russian Federation, Moscow

References

  1. «Irina Leonidovna Podnosova appointed Chairperson of the Supreme Court of the Russian Federation» // URL: https://www.vsrf.ru/press_center/news/33466/ (date of access 04/30/2024).
  2. Lukyanova, E. G. Legal system of Russia: modern development trends / E. G. Lukyanova; —Text: direct. // Works of the Institute of State and Law of the Russian Academy of Sciences. —2016. —No. 6 (58). —P. 623.
  3. Rasskazov, L. P. Basic approaches to classifying the modern legal system of Russia as a corresponding legal family / L. P. Rasskazov. —Text: direct // Jurist-Pravoved. —2013. —No. 6 (61). —P. 11–14.
  4. Federal Constitutional Act of December 31, 1996 No. 1-FKZ «On the Judicial System of the Russian Federation» // Coll. legislation of the Russian Federation. 1997. No. 1. Art. 1.
  5. Federal Constitutional Act of July 21, 1994 No. 1-FKZ «On the Constitutional Court of the Russian Federation» // Coll. legislation of the Russian Federation. 1994. No. 13. Art. 1447.
  6. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993).
  7. Avbelj M. (2018) Contextual Analysis of Judicial Governance in Slovenia. German Law Journal, 19 (7): 1901–1930.
  8. Blisa A., Kosař D. (2018) Court Presidents: The Missing Piece in the Puzzle of Judicial Governance. German Law Journal, 19 (7): 2031–2076.
  9. Law of the Russian Federation of June 26, 1992 N 3132-I «On the Status of Judges in the Russian Federation» // Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation of July 30, 1992, N 30, Art. 1792.
  10. Clauses 1.4 and 3.3.1 of the Regulations of the Higher Examination Commission for the Qualification Examination for the Position of a Judge (approved by the decision of the Higher Qualification Collegium of Judges of the Russian Federation dated 29.06.2017, Protocol No. 6 // SPS «Consultant-Plus».
  11. Federal Law of 14 March 2002 N 30-FZ «On the Bodies of the Judicial Community in the Russian Federation» // Collected Legislation of the Russian Federation dated 18 March 2002 N 11, Art. 1022.
  12. Clauses 2 and 3, Part 1 of the Recommendations prepared by the Office for Democratic Institutions and Human Rights and the Minerva Study Group on the Independence of Judges. Max Planck Institute, 23-25 June 2010 (Kiev Conference). URL: https://www.osce.org/ru/odihr/73488?download=true (date of access: 30.04.2024).
  13. Federal Law of March 14, 2002 N 30-FZ «On the Bodies of the Judicial Community in the Russian Federation» // Collection of Legislation of the Russian Federation of March 18, 2002 N 11, Art. 1022.
  14. Determination of the Constitutional Court of the Russian Federation of December 21, 2011 N 1805-O-O «On refusal to accept for consideration the complaint of citizen Yulia Leonidovna Solodkova regarding the violation of her constitutional rights by the provisions of paragraph 5 of Article 6 of the Law of the Russian Federation «On the Status of Judges in the Russian Federation» and paragraph 1 of part one of Article 134 of the Civil Procedure Code of the Russian Federation» // SPS «ConsultantPlus».
  15. Principle 1.3 of the European Charter on the Statute for Judges (adopted by the European participants and two international associations of judges meeting in Strasbourg from 8 to 10 July 1998).
  16. Paragraph 27 of the Report of the Special Rapporteur on the Independence of Judges and Lawyers. UN Doc. A/HRC/11/41 (2009).
  17. Principle 1.3 of the Explanatory Memorandum to the European Charter on the Statute for Judges (adopted by the European participants and two international associations of judges meeting in Strasbourg from 8 to 10 July 1998).
  18. Paragraph 5 of the Opinion of the Venice Commission on the Recent Amendments to the Law on the Fundamental Provisions of the Constitution of the Republic of Albania. Doc. No. CDL-INF(1998)009; Item 27, 46, 47 of the Recommendation of the Committee of Ministers of the Council of Europe of 17.11.2010 No. CM/Rec(2010)12 «On judges: independence, efficiency and responsibilities».
  19. Federal Law of 03.12.2012 No. 229-FZ «On the procedure for the formation of the Federation Council of the Federal Assembly of the Russian Federation».
  20. Gee G. (2012) The Persistent Politics of Judicial Selection: A Comparative Analysis. In: A. Seibert-Fohr (ed.) Judicial Independence in Transition. Heidelberg: Springer: 121–145.
  21. Guarnieri C., Pederzoli P. (2003) The Power of Judges: A Comparative Study of Courts and Democracy. Oxford: Oxford University Press.
  22. Errera R. (2005) The Recruitment, Training, Evaluation, Career and Accountability of Members of Judiciary in France. In: G. Di Federico (ed.) Recruitment, Professional Evaluation and Career of Judges and Prosecutors in Europe. Bologna: Research Centre for Judicial Studies:42–68.
  23. Di Federico G. (2005) Recruitment, Professional Evaluation and Career of Judges and Prosecutors in Europe: Austria, France, Germany, Italy, The Netherlands and Spain. Bologna: Research Centre for Judicial Studies.
  24. Voskobitova L.A. (2017) Theoretical Foundations of Power. Moscow: INFRA-M.

Supplementary files

Supplementary Files
Action
1. JATS XML