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Journal articles on the topic 'Professional development of a judge'
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1
ШЕВЧЕНКО, Анна. "Requirement system for the profession as a judge: professional and legal aspects." Revista Naţională de Drept 1-3 (231-233) (July 14, 2020): 78–85. https://doi.org/10.5281/zenodo.3943295.
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The article analyzes the professional and legal aspects of forming a system of requirements for the judicial profession. The latter, according to the author, should be based on the judge’s professional chart (description of the system of basic elements of daily activity of a judge in office), the requirements of international standards on the administration of justice, the rules of national legislation, as well as the rules and regulations developed by the bodies of judicial self-government. The application of the requirements to the judicial profession is relevant at the stage of professional training of judges, selection and competitive selection of judges, professional development and judicial career, consideration of complaints and application of disciplinary responsibility of judges. The general list of requirements for the judicial profession is defined as a set of personal requirements, professional requirements, as well as elements of the boundaries and framework of the judicial profession. Their generalization made it possible to distinguish the following groups of requirements for the profession of judge: 1) general requirements: professional, formed in the process of professional training and activity; personal, including psychological, acquired with experience and practice based on primary personal traits; 2) special requirements: originate separately for different jurisdictions; built on the basis of existing positions (including administrative) and the functions of judges. A characteristic that is one of the most important requirements for judges is the description of the signs of their independence. This principle is pivotal to others and deserves systematic implementation of the regulatory framework for the selection and evaluation of judges. On the basis of a thorough understanding of the content of the requirement of independence of activity of a judge, the necessity of improvement of Article 6 of the Law of Ukraine “On Judicial System and Status of Judges” is substantiated.
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Базарник, М. В. "КОНЦЕПТУАЛЬНІ ПЕРЕДУМОВИ ТЛУМАЧЕННЯ ПОНЯТТЯ «ПРОФЕСІЙНА ПРАВОСВІДОМІСТЬ СУДДІ»". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 30 (30 вересня 2021): 254–60. https://doi.org/10.5281/zenodo.7081374.
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The formation of scientifically based principles and measures for developing the judge's legal awareness should be based on a clear conceptual and categorical apparatus. As we previously discovered during the study of the doctrinal foundations of the development of a judge's professional legal awareness, the key problem at the moment is the lack of a single agreed definition of the concept of a judge's professional legal awareness. To a certain extent, this situation is connected with the lack of clarity on the content of this concept from the norms of judicial law. The article examines the current state of development of the concept of legal awareness in legal research. The shortcomings of applying the current definition of the term legal awareness in the study of the phenomenon of the judge's professional legal awareness in its dynamics are characterized. To form a series of intermediate statements that will ultimately allow characterizing the concept of professional legal awareness of a judge in its entirety: positioning of legal awareness in relation to its bearer; the ability to influence not only the legal reality but also the existence of an individual, a group of individuals, and society in general; attribution to the content of the concept of professional legal awareness of a judge of other auxiliary concepts. The identified debatable aspects require further research into the concept of legal awareness at the levels of the international community, the state, the judiciary, judges and institutions of civil society. Undoubtedly, further in-depth study of international standards will reveal a wider scope of duties that should be assigned to the state, the bodies of the justice system and the judge in the context of ensuring the development of professional legal awareness. However, such research will become possible only after the completion of the theoretical research of the content of the analyzed concept and is connected with the use of empirical methods of legal science.
3
CHIN, Mong-Hwa. "Lay Participation in Taiwan: Observations from Mock Trials." Asian Journal of Law and Society 6, no. 01 (2019): 181–207. http://dx.doi.org/10.1017/als.2019.8.
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AbstractThis article introduces the designs and the potential problems of the new lay judge system in Taiwan. This article first describes the background of the development of lay participation in Taiwan, and the 2012 Observer Jury System and the 2018 Lay Judge System drafted by the judiciary. The core of this paper is a qualitative study of four mock trials conducted by four district courts in Taiwan. Through observations and interviews with mock trial lay judges, this article addresses three main problems of the new system, including professional judges’ domination in deliberations, the comprehensibility of law, and lack of evidence rules. It also provides a discussion of the possible solutions to the problems observed. This article urges that training sessions should be provided to both lay judges and legal professionals, adjust the discovery rule, provide guidance on sentencing, and create evidentiary rules.
4
Базарник, М. В. "СУЧАСНИЙ СТАН ДОСЛІДЖЕНЬ ПРОФЕСІЙНОЇ ПРАВОСВІДОМОСТІ СУДДІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 29 (30 червня 2021): 344–50. https://doi.org/10.5281/zenodo.6467103.
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The formation and development of legal awareness is a complex interdisciplinary problem. Its relevance lies in the constant need to cultivate legal culture and maintain law and order in the state, which is the key to preventing legal nihilism, crime, illegal dispute resolution, and the deployment of counter-democratic processes. An adequate level of legal awareness of citizens is the basis of sustainable development, ie, it is possible to predict ways to achieve better living conditions for future generations. The number of studies on the judge's legal awareness is limited. This is primarily due to the difficulty of differentiating the general, official legal awareness and legal awareness of an employee with a special status - the bearer of judicial power, which is a judge. The formation of a theoretical and conceptual basis for future study of the problem of legal awareness of judges, ways of its formation, development, and strengthening requires retrospective study of existing developments to identify strengths and weaknesses, limited research aspects of legal awareness, and areas of further study. The purpose of this article is to explore the current state and prospects for the development of the concept of professional legal awareness of judges. The study gave grounds to draw the following conclusions. First, the concept of professional legal awareness of judges is currently at a stage of active development due to the high social significance of the judicial profession, and on the other - the interest of society and scientists in developing new, more effective ways to evolve and prevent possible distortions. Secondly, it should be recognized that in-depth systematic studies of the professional legal awareness of judges, taking into account the current state of the legal framework and the realities of the judiciary, are virtually absent. Third, it should be emphasized that most researchers emphasize the theoretical content of the concept of professional legal awareness, its structure as a personal, social and legal phenomenon. Instead, the number of empirical investigations in this area is extremely limited.
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Khotynska-Nor, O. Z. "Participation of a lawyer in disciplinary proceedings against judges." Uzhhorod National University Herald. Series: Law 3, no. 81 (2024): 223–28. http://dx.doi.org/10.24144/2307-3322.2024.81.3.33.
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The article examines certain aspects of a lawyer’s participation in disciplinary proceedings against a judge. It is noted that a lawyer in disciplinary proceedings against a judge can be both the initiator, upon whose complaint the disciplinary proceedings were opened, and the judge’s representative for the purpose of protecting his rights and interests. The focus of the study is on the representation of judges by a lawyer. Such interest is due to a number of reasons. First, since August 2020, the High Council of Justice has accumulated a significant number of disciplinary proceedings against judges, the resumption of proceedings of which took place only recently. Secondly, advocacy during the war underwent a significant transformation, as the demand for advocacy services changed. Many areas of lawyer practice have lost their relevance, which requires lawyers to review their approaches to their own professional development and areas of professional activity. In this context, a significant array of disciplinary proceedings against judges opens up new opportunities for lawyers. Their participation in the disciplinary procedure in relation to the judge is a promising direction for the development of the specialization of advocacy.
 Representation of a judge by a lawyer in disciplinary proceedings is a rather specific type of lawyer’s activity. After all, as a jurisdictional procedure, disciplinary proceedings against judges must meet the requirements of a «fair court» within the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which has many nuances. In particular, we are talking about the observance of such principles as openness, equality of parties, competitiveness and others in disciplinary proceedings. At the same time, the legal status of a judge implies a set of specific rights and duties of a judge along with numerous guarantees of his independence, which must be observed by all without exception. In addition, the legislation regulating the procedure for bringing a judge to disciplinary responsibility has recently undergone significant changes. Collectively, this requires a significant intellectual resource from the lawyer, which will allow to effectively protect the rights and interests of the judge in disciplinary proceedings, as well as to reasonably position oneself on the market of legal services in this segment of the lawyer’s specialization.
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Fikriyah, Uswatul. "PERAN AKTIF HAKIM DALAM PEMERIKSAAN KETERANGAN SAKSI DALAM PERSIDANGAN MENUJU HAKIM YANG PROFESIONAL DI ERA KEMAJUAN TEKHNOLOGI INFORMASI." Al'adalah 22, no. 2 (2021): 158–66. http://dx.doi.org/10.35719/aladalah.v22i2.19.
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Dalam perkara perdata di Pengadilan Agama khususnya perceraian alat bukti saksi adalah hal yang banyak dihadirkan oleh para pihak. Hakim harus mempunyai metode dan kemampuan professional untuk menggali fakta hukum dan menghasilkan putusan yang berkualitas, adanya perkembangan tekhnologi informasi yang direspon oleh Mahkamah Agung menjadikan semua proses persidangan dilaksanakan melalui media elektronik. Dalam tulisan ini penulis membahas bagaimana tugas dan peran aktif Hakim dalam memeriksa Keterangan Saksi menuju Hakim yang Profesional di era kemajuan tekhnologi informasi. Hasil dari penelitian ini: seorang hakim dalam menyelesaikan perkara melalui beberapa tahapan yang terdiri dari Konstantir, Kualifisir, dan Konstituir. Dalam setiap tahapan yang dilakukan Hakim harus memunyai kepekaan nurani, mempunyai kecerdasan moral dan mengasah profesionalisme. Profesionalisme seorang hakim harus mengacu pada Poin 10 kode etik dan pedoman perilaku hakim. terkait professional, hakim dimaknai sebagai suatu sikap moral yang dilandasi oleh tekad untuk melaksanakan tugasnya dengan kesungguhan yang didukung oleh keahlian, ketrampilan, dan wawasan luas. Selain itu Hakim juga harus berpedoman pada konsep profesionalitas dalam Islam lebih dilihat sebagai sinkronisasi antara gerak manusia dalam dua wujud, yaitu rohaniah dan jasmani.
 In civil cases in the Religious Courts, especially divorce cases, the witnesses evidence is a matter that is always presented by the parties. Judges must have professional methods and abilities to explore legal facts and produce quality decisions, the development of information technology that was responded by the Supreme Court made all proceedings carried out through electronic media. In this paper discusses how the duties and the roles of Judges in examining the Witness' statements to become Professional Judges in the era of advancement in information technology. The results of this study: a judge in deciding a case through several stages consisting of Constantine, Qualifiers, and Constituencies. In each stage, the Judge must have a sensitivity of conscience, moral intelligence and hone professionalism. Professionalism of judges must refer to Point 10 of the ethics code and guidelines for judge behavior. Professionalism of judge is interpreted as a moral attitude based on a determination to carry out the task seriously supported by expertise, skills, and broad insight. In addition, the Judge must be guided by the concept of islamic professionalism, which is seen as a synchronization between human movements in two forms, namely spiritual and physical.
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Vitvitskyi, Sergey, Olena Nazymko, and Tetiana Ponomarova. "ECONOMIC COMPONENT OF THE JUDICIAL CAREER DEVELOPMENT SYSTEM." Baltic Journal of Economic Studies 9, no. 4 (2023): 72–78. http://dx.doi.org/10.30525/2256-0742/2023-9-4-72-78.
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The aim of this article is to review the concept of judicial immutability as a fundamental criterion for evaluating the national judiciary system and to ascertain the distinctive features of selecting qualified candidates for judgeship. Additionally, the present condition of the judiciary formation will be examined, alongside identifying the essential economic requirements necessary and sufficient to promote the development of the judiciary system in Ukraine. A scientific discussion of the problem of creating an impartial and transparent procedure for the formation of the judiciary. It is noted that the principle of judicial immutability as a basic criterion for assessing the national judicial system is implemented through: 1) the normatively defined age limit of a judge; 2) a non-alternative list of cases in which a judge may be transferred to another position (including a lower one) without his consent; 3) the established procedure for bringing a judge to disciplinary responsibility; 4) an extensive system of bodies performing organisational, administrative and control functions; 5) provision for the assessment of a judge's activity by independent public bodies (the Council for Public Integrity); 6) available competitive selection for the position, except for the cases established by law. It is found that the current state of formation of the judiciary can be defined as unsatisfactory, which is due to the following reasons: 1) unstable functioning of the institutions responsible for the competitive selection of candidates for vacant positions of judges; 2) inhibition of the judicial reform as a result of the introduction of the legal regime of martial law; 3) decrease in the quality of the financing of the judicial system due to the unstable political and economic situation in the country; 4) lack of an effective algorithm for bringing judges to disciplinary responsibility; 5) an excessively extensive system of subjects for assessing the compliance of candidates for the position of a judge with the requirements set forth in regulatory and legal acts. Results. It is established that the peculiarities of the qualification selection of candidates for the position of a judge include: 1) selection of judicial candidates based on three criteria (competence; professional ethics; integrity); 2) differentiation of subjects for assessing the compliance of a candidate for the position of a judge with a certain criterion defined by law; 3) lack of clear procedural requirements for the High Qualification Commission of Judges of Ukraine as a body tasked with the formation of the judiciary; 4) predominance of discretionary powers of the High Qualification Commission of Judges of Ukraine as the main basis for consideration by the High Council of Justice of recommendations on appointment of a candidate for the position of a judge. It is specified that the economic component of the system of career advancement of judges requires solving such problems as: 1) timely identification and elimination of corruption risks and threats, which should be carried out not by branching the bodies involved in the evaluation of candidates for the position of a judge, but by improving the qualification selection procedure; 2) improving the secondment procedure as a temporary transfer of a judge to another court of the same level and specialisation, which became particularly relevant in connection with the introduction of a special legal regime of martial law and the temporary occupation of certain areas of the state; 3) improving the procedure for attracting international donors for financial support to the judiciary and standardising the procedure for obtaining and using such funds.
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Бородіна, І. В. "СУДДЯ ЯК ОСНОВНИЙ СУБ'ЄКТ ФОРМУВАННЯ ПОЗИТИВНОГО ІМІДЖУ СУДОВОЇ ВЛАДИ В УКРАЇНІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 28 (30 березня 2021): 305–11. https://doi.org/10.5281/zenodo.5744065.
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Scholars have traditionally considered issues and problems of the judiciary, and new impulses in the development of judicial reform simultaneously determine many initiatives of lawyers to critically comprehend, scientifically evaluate and formulate proposals for improving the relevant legal field. The article is devoted to analysing the formation of a high positive image of a judge in Ukraine. It is established that the problems of judges' image are not a new phenomenon for our country. On the contrary, a high positive image of a judge should guarantee effective protection and restoration of human rights and freedoms, an integral element of civil society, an indicator of the level of our statehood in the international arena. The author points out that the image of a judge as one of the main subjects of forming a high image of the judiciary is generally based on existing legal (judicial) policy, recognised priorities and aimed at forming a positive public opinion about the work of courts, further development of their openness and accessibility to citizens and mass media, etc. At the same time, the range of subjects "responsible" for forming the image of the judiciary is not limited to judges, who are the main ones in this area of course. It is stated that raising and maintaining the proper image (image) of a judge is a planned, purposeful activity of a certain range of subjects, which with the help of a wide range of tools and practices, should contribute to the formation of a positive impression of the judiciary as a whole. The author of the study considers the formation of the professional image of a judge in three aspects: a) what is the image of the judge; b) what elements form it; c) what are the prerequisites for the formation of the professional image of judges. At the same time, they are closely intertwined and complement each other. It is proved that the activity of improving the image must be constantly supported because it can change in time and space, under the influence of various factors, because it is a changing and dynamic phenomenon.
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Sarakatsianou, Dimitra, Anastasia G. Stamou, and Eleni Kamarianou. "‘Let’s go now to the difficult part of the day’: Judges’ mediatized identities in MasterChef Greece." Journal of Greek Media & Culture 9, no. 1 (2023): 57–79. http://dx.doi.org/10.1386/jgmc_00068_1.
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Viewing the MasterChef Greece judges’ identities as mediatized, namely, as constructed via particular semiotic resources (linguistic, visual, spatial) mostly resulting from decisions made by the show’s production, we examine the communicative and social functions of the show as being a popular example of a reality TV programme. The judges hold a crucial role, as their assessment affects the subsequent development of the show. By adopting a micro-level discourse analytical approach, we focus on the analysis of two interactions, in which two different judge personas emerge, namely the ‘harsh’ and the ‘supportive’ judge. The analysis of these interactions indicates that the two personas serve the judges’ mediatized identities as both professional chefs (expertise) and TV presenters (suspense, viewers’ engagement). Yet, they are related to contrasting constructions of both the culinary (authority vs. mentoring, hegemonic vs. ‘soft’ masculinity) and the (reality) TV world (negative vs. positive emotionality). Both personas seem to relate to the broader Greek sociocultural context, such as the gendered ideologies and the politeness strategies prevailing in Greek society. However, while the ‘harsh’ judge persona reflects more overt and traditional forms of control and regulation, based on surveillance and suppression, the ‘supportive’ judge persona echoes the more covert technologies of governance of late modernity, based on self-reflexivity and emotionalism.
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Козяр, Р.Я. "ОГЛЯД КОНЦЕПТУАЛЬНИХ ЗАСАД ЗАПОБІГАННЯ ВТРУЧАННЮ У ПРОФЕСІЙНУ ДІЯЛЬНІСТЬ СУДДІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 29 (30 червня 2021): 318–24. https://doi.org/10.5281/zenodo.6467081.
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Interference in professional activities is a phenomenon that jeopardizes the fundamental idea of the separation of the judiciary - to make an impartial and independent decision in a dispute solely based on law. To one degree or another, attempts to influence a judge are widespread worldwide. The key criterion that largely determines how a state approaches democratic standards and the rule of law is the response to such attempts. Suppose in the conditions of totalitarian regimes, interference injustice is considered one of the pillars of tyranny in democratic countries. In that case, such an act is considered a crime and is subject to universal condemnation. The article examines the conceptual principles of preventing interference in the professional activities of judges. Emphasis is placed on the connection between the principle of judicial independence and the protection of judges from interference in their activities. A number of areas that make up the modern concept of preventing interference in the professional activities of judges are analyzed. It was found that the most detailed areas of criminal law counteraction and procedural tools to prevent interference in the professional activities of judges. There are a number of important areas, the development of which will strengthen the organizational and legal mechanism for interfering in the professional activities of judges. The study shows that the concept of preventing interference in the professional activities of judges is at the stage of active development. The multifaceted areas that support the expansion of the concept indicate the issue's high urgency. Effective prevention of interference in the professional activities of judges is the backbone of an independent judiciary, which in turn is the basis for establishing full-fledged democracy in the state.
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Базарник, М. В. "ПЕРСПЕКТИВИ АДАПТАЦІЇ СИСТЕМИ РОЗВИТКУ ПРОФЕСІЙНОЇ ПРАВОСВІДОМОСТІ СУДДІ ДО ВИМОГ ЄВРОПЕЙСЬКИХ СТАНДАРТІВ СУДОУСТРОЮ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 33 (30 червня 2022): 88–95. https://doi.org/10.5281/zenodo.7081616.
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The goal of integrating European standards into the domestic legal field and the practice of functioning of judicial authorities is to ensure Ukraine's approach to European integration. It should be noted that an independent judiciary, staffed with high-quality and honest judicial personnel, is not conditioned by the need for European integration – it is conditioned by national interests, social needs and the need of every person for a fair trial and judicial protection of the rights and freedoms of a person and a citizen. However, in the current conditions, achieving a high quality of organizational and legal support for the functioning of the judiciary is also a key condition for European integration. The article is devoted to the generalization of the prospects of adapting the system of development of professional legal awareness of judges to the requirements of European standards of the judicial system. The need to study the phenomenon of legal awareness through the prism of its representation in European standards of the judicial system is emphasized. It is proposed to consider the system of formation, improvement and monitoring of professional legal awareness of judges as the central object of reforms. For each of the directions, an analysis of European standards was carried out, and recommendations related to the development of the professional legal awareness of the judge were formed. As a result of the conducted research, we justified the feasibility of developing a secondary mechanism for assessing the level of professional legal awareness of a judge, which is based on the processing of information received by the bodies of the justice system in the exercise of their powers with the aim of identifying risks and threats in the profiles of individual judges, as well as establishing directions for the development of professional legal awareness in connection with the change in the circumstances of the functioning of the judiciary.
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Базарник, М. В. "МЕТОДИЧНІ АСПЕКТИ СИСТЕМАТИЗАЦІЇ СТРУКТУРИ І ДИНАМІКИ ПРАВОСВІДОМОСТІ СУДДІ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 31 (30 грудня 2021): 146–52. https://doi.org/10.5281/zenodo.7084964.
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In the conditions of the ambiguity of the conceptual and categorical apparatus and the limited number of doctrinal investigations of the professional legal awareness of judges, the question of the method of legal awareness arises. The availability of the appropriate theoretical tools is an indispensable condition for the development of the doctrine of the professional legal awareness of a judge, a fundamental determinant of the development of the organizational and legal mechanism of its development in light of European integration processes. The purpose of this article is to characterize the methodical aspects of the systematization of the structure and dynamics of the judge's legal awareness. It is emphasized that traditionally in the theory and philosophy of law in the structure of legal consciousness, scientists single out two components - legal ideology and legal psychology. It is emphasized that the vast majority of previously analyzed studies are theoretical in nature, while empirical investigations are practically not conducted, which is connected with the opposition of mass and individual, objective and subjective. It is proposed to clearly distinguish three levels of legal awareness - social, professional and personal, and their interdependence and interdependence in statics and dynamics are emphasized. It is emphasized that, in general, at all levels, the structure of legal consciousness is reflected, which includes legal ideology, psychology and behavior, as well as additional elements - subjects of formation and development, legal nihilism and the influence of the foreign policy vector of state policy. It has been established that professional legal awareness is a superstructure on individual legal awareness because usually, a formed personality acquires a certain profession. The validity of this statement is proven if we consider the stages of personality development on the way to being appointed to the position of a judge, which includes, in particular, the presence of an age limit. At a certain stage, showing its dynamic nature, individual legal awareness is transformed under the influence of an external factor - the translation of the idea of legal awareness, formed on the basis of social awareness and reflecting public expectations of a person's professional legal awareness. Along with this, from the side of the person's environment, there is a transmission of corporate values, which are included in the idea of professional legal awareness. Ultimately, the person's acceptance of external expectations leads to the emergence and further development of professional legal awareness.
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Busurmanov, Zhumabek, Aiman Kussainova, Lazzat Nazarkulova, and Almas Kanatov. "Judicial Education Development Issues and Prospects in the Republic of Kazakhstan in the Light of the OECD Countries’ Experience." Journal of Social Sciences Research, no. 53 (March 30, 2019): 819–25. http://dx.doi.org/10.32861/jssr.53.819.825.
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The relevance of the topic is determined by the needs of modern Kazakhstani society in an independent judiciary and highly professional judges, capable of being a genuine guarantor of human and citizen rights and freedoms. Based on the study of the OECD countries’ experience, it is argued that it is the judicial education that plays a key role in the formation of an independent, highly professional judiciary. The current state of judicial education in the Republic of Kazakhstan and its development issues are considered. Prospective directions of its development are justified based on the OECD countries’ experience. A number of measures for improving judicial education is argued to be undertaken: the need for compulsory special training of candidates for the position of a judge, the development of teaching staff through the involvement of the best sitting judges in the training process, and the need to remove judicial education from the executive authorities. The role of new technologies in the development of judicial education is particularly mentioned.
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Romanova, A. S. "Moral and ethical aspects in the professional activity of a judge." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 953–57. https://doi.org/10.24144/2788-6018.2024.06.160.
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The article is devoted to the understanding of moral and ethical aspects in the professional activity of a judge, which are formed on the basis of the principles of integrity, impartiality, conscientious performance of professional duties and are the standards that form the basis of public trust in the judiciary and confidence in the proper protection of human rights and freedoms and a citizen. It is emphasized that the judge’s observance of moral and ethical standards in judging and everyday personal life is a guarantee of the formation of the authority of the judiciary, the trust of citizens in the judiciary, as well as faith in a fair court, which is an important component in the process of the establishment and development of a rule of law and a democratic society. It is noted that Ukraine continues to implement reforms of the judicial system, initiated before the full-scale invasion of Russia, focusing on the principles of respect for human dignity, integrity, impartiality, honesty, honor, dignity and professionalism of judges. Also, this approach will contribute to Ukraine’s full and comprehensive fulfillment of the requirements for European integration processes. Attention is focused on the importance of compliance with a number of normative legal acts: the Bangalore principles of the conduct of judges, the Model Code of Professional Conduct, the Code of Judicial Ethics, which confirm that the scope of moral and ethical norms covers the social and legal space, being specified through basic norms and principles in various aspects law enforcement and law enforcement activities. It is noted that when administering justice on behalf of Ukraine, the judge must first of all be aware that his violation of moral and ethical norms negatively affects not only his authority as a judge, but also forms a negative perception of the judiciary in the state, and therefore, raises doubts about the extent to which the state meets international requirements for the administration of justice, as far as it is legal, etc. It is emphasized that ensuring the right of every person to judicial protection based on the establishment of the principle of the rule of law, as well as the administration of justice on behalf of the state of Ukraine on the basis of the Constitution and laws of Ukraine set high requirements for the moral qualities of a judge.
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Baeva, Svetlana S., and Igor A. Goncharov. "Problems of Impartiality and Professional Dignity of Judges in the Context of the Development of the Information Society." Rossijskoe pravosudie, no. 9 (August 19, 2024): 13–18. http://dx.doi.org/10.37399/issn2072-909x.2024.9.13-18.
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The impartiality of judges, as the basic principle of the judicial system, is subject to reassessment by society, taking into account information disseminated on the Internet and social networks. The purpose of the study is to consider the impact of digital technologies and informatization of society on the professional dignity and impartiality of judges. The tasks of assessing various approaches to the legal regulation of limiting the ability of court employees to lay out information on issues affecting the assessment of the circumstances of resolved disputes are being solved. The possibilities of using the experience of other countries in the formation of prohibitions on the administration of justice by judges who published materials on the Internet that affect the implementation of the principle of impartiality are analyzed. Taking into account the experience of other countries, Russia needs to formulate its own approach to the behavior of judges in the information space. Social networks can be used by members of the judiciary to share and receive information. The dissemination of data discrediting professional dignity, as well as calling into question the impartiality of a judge, is unacceptable.
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Maryukhno, Vitaliy. "Гарантії дотримання норм професійної етики суддею, прокурором і адвокатом (на прикладі України)". Copernicus Political and Legal Studies 1, № 2 (2022): 76–85. http://dx.doi.org/10.15804/cpls.20222.08.
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The scientific article is devoted to guarantees of compliance with professional ethics by judges, prosecutors and lawyers. The purpose of the article is the scientific development of the problems of guarantees of compliance with the professional ethics of the judge, prosecutor and lawyer by defining the concept of guarantees of compliance with professional ethics, defining the main varieties of these guarantees, as well as providing their general characteristics. The scientific article formulates the concept of guarantees of compliance with professional ethics as special legal means aimed at ensuring compliance of professional activity and out-of-service behavior of representatives of relevant legal professions with ethical requirements, prevention of violations of professional ethics and elimination of their negative consequences. The main types of guarantees of compliance with professional ethics by judges, prosecutors and lawyers, namely: ethical selection; making an oath; development and approval of codes of ethics; study of ethics; activities of the relevant authorized bodies; responsibility for ethics violations. It is concluded that these guarantees are typical for representatives of various legal professions, due to the unified legal nature of the rules of professional ethics for lawyers. In view of this, the further development of such guarantees is seen in their unification and improvement of the regulatory regulation of the professional ethics of judges, prosecutors and lawyers, as well as the practice of its application. It is proved that these guarantees constitute an orderly system, that in unity and interconnection allows to establish certain ethical rules and norms, to bring them to the attention of interested persons, to determine the state of their observance and to ensure the most complete implementation in professional activity. Based on the analysis of the current legislation of Ukraine on the judiciary and the status of judges, the prosecutor’s office and the bar examined in detail the content of each of these guarantees. Their influence on the observance of professional ethics of judges, prosecutors and lawyers is determined.
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Burdina, Elena V. "The Constitutional Law Content of the Requirement for Education of Potential Judges." Russian judge 2 (February 4, 2021): 41–46. http://dx.doi.org/10.18572/1812-3791-2021-2-41-46.
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Currently, the process is underway to bring the entire array of legislative sources defining the judicial system and the status of judges in accordance with the Constitution of the Russian Federation. In the legislative strategy, it seems important to resolve the issue of the higher legal education required for judges. The article substantiates a broad approach to understanding the higher legal education required for a judge, within the framework of which both a higher legal education of a general nature (universal) and a legal education of a special orientation are permissible. This conclusion is based: a) on the basis of the circumstances of the development of the system of higher legal education in Russia, which acts as a social regulator of the formal qualification requirement for the education of a candidate for a judge; b) on the requirements of access to the judicial profession, which imply the possibility of entering the judicial profession for representatives of different professional groups.
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Kostkina, Yu. "Peculiarities of exercise by the High Council of Justice of powers of temporary suspension of judges from justice." Herald of criminal justice, no. 4 (2019): 115–22. http://dx.doi.org/10.17721/2413-5372.2019.4/115-122.
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Judicial reform was intended to strengthen the safeguards of judges and to ensure the independence of the judiciary as a whole. In order to achieve these goals, the legislature, in the framework of judicial reform, has reorganized the old High Council of Justice and created on its basis a new body. These changes were positively estimated not only by domestic scientists and practitioners, but also by the international community. The newly created body is authorized with a wide range of powers, designed to ensure the proper administration of justice, to protect judges and their independence, and to form a virtuous and highly professional corps of judges in Ukraine. Goal of article. In connection with the fact that the competence of the High Council of Justice, the successor to the judiciary, the specified group of powers did not included, arose the need for their research and determine the peculiarities of their implementation. In particular, the powers of the new High Council of Justice include the decision-making authority on temporary suspension of judges from justice in connection with criminal prosecution, during a qualification assessment, and in the order of disciplinary action. The author investigates the peculiarities of a temporary suspension of judges from justice in connection with criminal prosecution, and analyzes the Supreme Court's practice regarding the procedure for extending such temporary suspension. In addition, the article deals with the procedure for temporarily suspension of judges from justice for the period of qualification assessment of a judge, which is carried out by the Qualification Commission of Judges of Ukraine. Finally, the peculiarities of the legal regulation of the procedure for temporarily suspension of judges from justice, which is applied to a judge as a disciplinary sanction in the framework of disciplinary proceedings, are analyzed, deficiencies and gaps of the current legislative regulation are identified, and appropriate changes are proposed. Based on the needs of law enforcement activities, the author of the article The of substantiated the necessity of concretization of the obligation of a high Council of justice to determine the course of professional development, which must pass the judge during the suspension, That will ensure the delimitation of its powers with the competence of the High Qualifications Commission of judges.
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Burdina, E. V. "New Approaches to Understanding Judicial Ethics in the Information." Pravosudie / Justice 2, no. 3 (2020): 12–32. http://dx.doi.org/10.37399/2686-9241.2020.3.12-32.
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Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.
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Burdina, E. V. "New Approaches to Understanding Judicial Ethics in the Information." Pravosudie / Justice 2, no. 3 (2020): 12–32. http://dx.doi.org/10.37399/2686-9241.2020.3.12-32.
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Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.
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Boyko, I. Y., I. V. Kovalchuk, and O. V. Zayats. "The place and role of the collective judiciary in the formation of principles of integrity and access to justice in Ukraine (14th–18th centuries)." Analytical and Comparative Jurisprudence, no. 2 (April 29, 2025): 25–31. https://doi.org/10.24144/2788-6018.2025.02.1.
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The article analyzes the place and role of the kopny court in the formation of the principles of integrity and access to justice in Ukraine (14th–18th centuries). It is noted that in Ukrainian villages during the 14th–18th centuries. judicial proceedings were carried out by kopny courts. The kopny court was a public body of a neighboring association of rural territorial communities. It carried out judicial proceedings in civil and criminal cases, investigated crimes, reconciled the guilty with the victim, and executed its decisions on Ukrainian lands in the 14th–18th centuries. It is shown that the composition of the kopny court consisted of kopnyki, that is, kopny judges (court men) and the community present at the trial. The kopny judges knew Ukrainian customary law well, had a keen sense of justice and responsibility, were distinguished by high moral purity, honesty, lived honestly, adhered to the rules of morality and customary law. Only they had the right to make a decision in the case. It is emphasized that the historical experience of the organization and activity of kopny courts in Ukraine testifies to the presence of democratic traditions of the administration of justice among the Ukrainian people. National historical legal experience testifies that access to justice and the integrity of judges are characteristic features of Ukrainian law, which were formed and functioned on Ukrainian lands for centuries. From the experience of kopny judicial activity in Ukraine during the XIV–XVIII centuries. It follows that for a modern Ukrainian judge, integrity should be perceived as his professional independence, honesty, impartiality, incorruptibility, conscientiousness, adherence to ethical norms and demonstration of impeccable behavior in professional activities and personal life, as well as in relation to which there are no doubts about the legality of the sources of origin of property, compliance of the standard of living of the judge or his family members with the declared income, etc. Access to justice and integrity of a judge are also important in the development of civil society and a democratic, legal state.
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Harust, Y. V., and V. V. Mirgorod-Karpova. "General principles of organization and activityof judges in Ukraine." Legal horizons, no. 26 (2021): 107–11. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p107.
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In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.
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Bryson, W. Hamilton, and E. Lee Shepard. "The Winchester Law School, 1824–1831." Law and History Review 21, no. 2 (2003): 393–410. http://dx.doi.org/10.2307/3595100.
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On March 5, 1824, Henry St. George Tucker was elected by the General Assembly of Virginia to be the judge of the circuit superior court of chancery to sit in Winchester and Clarksburg. Tucker had built up a very successful law practice in Winchester, where he had settled in 1802 upon his admission to the bar. He had also built up a large family; he had six sons and two daughters as well as three children who died young. The elevation to the bench resulted in an increase in professional status, but it also resulted in a substantial decrease in income. In order to remedy this financial development without ethical prejudice to his professional development, he opened a law school. This solution was, no doubt, an obvious one, as his father, the eminent Judge St. George Tucker, had done the same in 1790, when he became the professor of law and police in the College of William and Mary.
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Komissarova, Ya V., and N. K. Danilevich. "Peculiarities of a Polygraph Examiner’s Report in a Criminal Case in Russia and the United States." Kutafin Law Review 9, no. 3 (2022): 544–63. http://dx.doi.org/10.17803/2713-0525.2022.3.21.544-563.
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From a legal standpoint, the pr ocess of investigating crimes and the order of proceedings in a criminal case differ in different countries. However, there are points of convergence where the differences in legal systems are not so important. In the modern world, Latin proverb Jura novit curia postulates that judges cannot and should not have knowledge from other sciences. Therefore, lawyers of all countries use the help of persons with special (non-legal) knowledge. In Russia, only an investigator or a judge can appoint an expert examination to obtain an expert opinion. An accused and defense attorneys (mostly professional lawyers) can get an expert opinion. The procedural statuses of a specialist and an expert under the Russian procedural law do not coincide. However, the reports they provide are formally equivalent and they both can be used as evidence in a legal case. Having no special knowledge, the judge evaluates the conclusions made by the specialist and the expert. The judge can regard one conclusion as a proof, can accept or reject them. The specialist and the expert are obliged to make conclusions based on the results of the study within their competence. Polygraph examiners in the United States and Russia address this issue in different ways due to different approaches to the development of theoretical and applied areas of scientific research.
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Ryabinina, Tatyana K., and Daria O. Chistilina. "POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 64–76. http://dx.doi.org/10.17223/22253513/41/6.
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The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.
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Abdrasulov, E. B. "Topical issues on the formation of professional legal consciousness of a judge." BULLETIN of L.N. Gumilyov Eurasian National University. LAW Series 145, no. 4 (2023): 17–26. http://dx.doi.org/10.32523/2616-6844-2023-145-4-17-26.
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Research concerning formation of professional legal consciousness of judges occupies a vital place within modern legal systems. Studies are undertaken in this regard in order to explore processes and mechanisms underlying formation, while simultaneously analyzing their effect on quality and efficiency of judiciary services.This study seeks to identify, analyse and systematise factors contributing to the formation and development of professional legal consciousness among judges. Research efforts will mainly involve studying theoretical aspects of legal consciousness; reviewing existing approaches used for education and practical training of judges; as well as measuring its effect on developing professional legal consciousness over time through practice judicial examination.Scientific and practical relevance lies within this work’s significance for understanding processes that form judges’ legal consciousness, essential for improving judicial system quality. Methodologies employed include comparative analysis, investigation of normative documents and court practice as well as empirical methods.The main results of this research include identification and recommendations of key influences affecting judges’ legal consciousness formation, with particular attention paid to how those factors interact with one another. Finally, its conclusions emphasize the necessity of taking an integrated approach when training and developing judges involving both theoretical and practical activities.This study’s value lies in its contribution to understanding how judges form professional legal consciousness that ultimately improves justice delivery and strengthens rule of law. Furthermore, its practical significance manifests itself by producing specific recommendations designed to increase professionalism and efficiency within judicial systems.
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Taylor, Alan. "Professional development in IT." ITNOW 30, no. 3 (1988): 6–7. https://doi.org/10.1093/combul/30.3.6.
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Abstract Career development, training and professionalism – the BCS PDS: the BCS now offers a tool designed to promote quality and encourage constructive training and career development for any staff working as practitioners in Information Technology, The Society’s Professional Development Scheme has been in use now amongst a growing number of leading employers for more than two years and is set to become one of the national benchmarks by which IT specialist people can be judged. This article sets out some of the background to the need for such a scheme and very briefly describes its features.
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Judge, Harry. "Another View from Abroad." Teachers College Record: The Voice of Scholarship in Education 88, no. 3 (1987): 394–99. http://dx.doi.org/10.1177/016146818708800301.
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After viewing through British eyes the problematic state of American graduate schools of education in 1982, Harry Judge now sees in both Holmes and Carnegie the possibility for genuine reform. He argues that the funding of professional development centers and of chairs in the teaching of various school subjects should have high priority.
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Skrynkovskyy, Ruslan, Myroslav Kovaliv, Andriy Pryveda, Mariana Khmyz, Sviatoslav Kniaz, and Dmytro Pavlov. "Features of Development of Professional Self-Government in the System of Prosecution, Judiciary and the Bar of Ukraine." Path of Science 7, no. 6 (2021): 1049–57. http://dx.doi.org/10.22178/pos.71-8.
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Based on a comparative analysis of the sectoral legislation of Ukraine and the practice of its application, the article studies the features of the development of professional self-government in the system of prosecutors, judicial authorities and the bar. It has been found out that prosecutorial self-government in Ukraine is conducted through the Council of Prosecutors of Ukraine (the highest body of prosecutorial self-government in the period between all-Ukrainian conferences of prosecutors) and the all-Ukrainian conference of prosecutors (the highest body of judicial self-government). It has been determined that prosecutorial self-government is a collective independent decision of prosecutors on issues related to the activities of prosecutorial bodies. It has been established that the system of bar self-government bodies in Ukraine is formed by: 1) the Congress of advocates of Ukraine; 2) the Bar Council of Ukraine; 3) the Supreme Qualification and Disciplinary Commission of Advocacy; 4) the Supreme Audit Commission of the Bar; 5) the Regional Conference of Advocates; 6) the Council of Advocates of the region; 7) the Qualification and Disciplinary Commission; 8) the Audit Commission of the region. It has been found that the bodies of judicial self-government in Ukraine are: 1) a meeting of judges, which is a gathering of judges belonging to the corresponding court aimed at discussing the internal activities of such a court and making appropriate collective decisions based on the discussion of such issues; 2) the Council of Judges of Ukraine (the highest body of judicial self-government, which also functions as the executive body of the Congress of Judges of Ukraine); 3) the Congress of Judges of Ukraine (the body that makes decisions that are binding on all bodies of judicial self-government and all courts in Ukraine). It is noted that the prospects for further research in this area are to determine the role of the judiciary in the constitutional and legal mechanism for the protection of human rights and freedoms and to study the requirements for incompatibility of a judge, prosecutor and lawyer with other activities in the context of comparative constitutional law.
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Gonzales, Marcellino. "ENHANCING THE ROLE OF JUDGE ORGANIZATIONS IN THE DEVELOPMENT OF INDONESIA MODERN JUSTICE." Judex Laguens 2, no. 1 (2024): 108–20. http://dx.doi.org/10.25216/ikahi.2.1.4.2024.108-120.
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The forum for organizing judges in Indonesia is the Indonesian Judges Association (IKAHI). IKAHI oversees the judges by carrying out a special mission and vision, which makes Indonesian judges qualified and professional so that they can synergize with the Supreme Court of the Republic of Indonesia. However, in its development, many judges have not been motivated by the role of IKAHI itself. Thus, in this article, the author focuses on the discussion of Has IKAHI as an organization carried out its role to motivate its members to realize modern justice? The discussion focuses on the theory of motivation and the organization's role in answering these questions. From the discussion, it was concluded that IKAHI had provided sufficient support for the development of modern justice, but more efforts are needed to build real motivation so that the performance of the judges who take shelter in it can grow optimally.
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Zharovska, I. M., and O. S. Rudanetska. "The state-representative and corporate-legal nature of the benevolence of judges: a discussion on European standards." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 862–66. https://doi.org/10.24144/2788-6018.2024.06.144.
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It is indicated that the right to a fair trial is guaranteed by Article 6 of the European Convention on Human Rights. The effective exercise of this right requires, in particular, that everyone has the right to be heard by «an independent and impartial tribunal established by law to determine civil rights and obligations or determine the merits of any criminal charge brought against him». The article is devoted to the analysis of the compliance of national legal regulation with European standards regarding the integrity of the judicial corps and the determination of the legal nature of this phenomenon in the publicauthority and professional-labor sphere. It is indicated that the paradigm of the functioning of the judicial system contains the requirements of professionalism, independence and integrity of the administration of justice, which forms the basis of the development of statehood and the establishment of the principles of the rule of law, which is a requirement of international and European judicial standards. It is reasoned that the state-representative function of the integrity of judges is manifested in the high professional and moral compliance of the judicial corps with the requirements for the high position of a judge. The requirements are broader than for the integrity of other employees, let’s say, executive and local self-government bodies, due to the fact that judges are endowed with unique powers - to protect and restore rights and freedoms, legitimate interests on behalf of the state. The corporate and public nature of integrity is singled out as a professional criterion for judges (judge candidates) in order to meet the position held, which is due primarily to the fact that the judiciary takes place through the implementation of activities based on the judge’s legal awareness and the state provides them with a sufficiently wide discretion to implement powers This nature is manifested in openness and transparency, which is a guarantee of achieving the integrity of judges and the judiciary and judicial self-government. Based on the conclusions of the Advisory Council of European Judges, it is proven that overcoming corruption as a manifestation of dishonesty contributes to the general level of legitimization, where functional legitimacy is based on public trust, which is created through excellent work, transparency, accountability. The hypothetical effectiveness of the new model of corporate labor relations developed in our country has been proven - the joint coordination work of judicial self-government bodies, civil society and independent international experts.
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Willis, K. G. "On Objectivity in Economic Research and Input—Output Tables: A Reply." Environment and Planning A: Economy and Space 21, no. 3 (1989): 408–10. http://dx.doi.org/10.1068/a210408.
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Although the role of GRIT as a hybrid local input — output (I — O) model is recognised, it is argued that most applications in Britain use only nonsurvey data. Professional judgment as part of GRIT methodology is seen as intuitive. Questions remain as to what constitutes a ‘gold standard’ against which to judge the efficacy of nonsurvey and hybrid local I — O tables.
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Lonskaya, Svetlana. "Development of Professional Judicial Corporation in Russia in XVIII–XXI centuries." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 8, no. 2 (2024): 195–204. http://dx.doi.org/10.21603/2542-1840-2024-8-2-195-204.
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The article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.
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Perminova, M. S. "THE SPECIFICS OF THE DEVELOPMENT OF CAREER ORIENTATIONS IN PROFESSIONAL EDUCATION." Vestnik Orenburgskogo gosudarstvennogo universiteta, no. 1 (2023): 43–50. http://dx.doi.org/10.25198/1814-6457-237-43.
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Career orientations allow a person to maximize their potential and self-actualize professionally. In the case of choosing the optimal correspondence of the interests and qualities of a person with the chosen profession, his professional self-realization will proceed successfully and bring moral satisfaction. In the event that some stages are omitted in career planning, or a professional choice is made randomly, or due to the conditions of the situation (quotas for free education, lack of vacancies in desired professions, the desire of parents, etc.), then a person in most cases, faces difficulties in realizing their qualities and potential. Career orientation is a lengthy process and includes professional self-determination, awareness of needs and goals, tasks for their implementation, assessment of one’s strengths, understanding the content of the future profession. Independence and the active role of the personality itself is the driving force in the process of its development. A person makes a choice of a profession, a place of study, and then independently builds his career, gains experience and realizes his capabilities. Accordingly, the process of professional self-determination does not end after choosing a profession. It continues to develop in the course of education, as well as at the beginning of professional activity. In order to judge the success of professional self-determination, it is necessary to take into account the completeness of the formation of a person’s idea of a future profession, as well as about himself as a future professional. At present, understanding the problem of forming a career path, professional development of a specialist in the system of higher education, determining the role of each subject of professional design acquires theoretical as well as practical significance.
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Korsakova, Lyubov E. "The Moral Imperative of a Judge: Towards the Problem of Dominant Ethical Definitions in the Process of Judicial Training." Теория и практика общественного развития, no. 9 (September 27, 2023): 129–34. http://dx.doi.org/10.24158/tipor.2023.9.17.
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The article addresses the importance of understanding and observing moral principles for the judge’s effective work. The author investigates the place, role, and significance of such concepts as honesty, impartiality, justice, duty, and conscience in shaping the moral imperative of a judge’s professional personality. In addition, the arti-cle points out the ambiguity of interpretations and the lack of a common understanding of these categories both in society and among the professional community of judges and scholars, which can lead to different interpre-tations and problems in the application of moral principles in practice. The author ascertain the necessity of taking into account ethical categories in the professional training of judges, as well as clarification of terminolo-gy and development of metrics to control and supervise the observance of moral principles. The article is in-tended to raise the problem, defining the field for theoretical and practical research, recommendations in the field of professional ethics and training of judges in the Russian Federation.
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Hryshchuk, Oksana. "Judicial Integrity through the Lens of Modern Social Transformations." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 6–25. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-1.
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The most important factors of building and maintaining public confidence in the judiciary are extralegal social factors are of great for. The active development of a postmodern society poses new challenges, one of them is the "post-truth" phenomenon, that gives rise to the circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief. This leads to a peculiar interpretation of the facts on social media, which doesn’t always represent the facts, but may contains their selective and non-exhaustive interpretation. Therefore, the whole traditional value system got under blow,since facts doesn’t occupy a leading position in Western democracies. The issue of spreading the post-truth in the judicial sphere, adversely affects public legal awareness and confidence in the judiciary,particularly, inciting hatred and misinformation in the media results in putting pressure on judges.Because ofthe social context and new conditions of a postmodern society, the judicial authorities and every judge nowadays must be prepared for the possible challenges related to such an environment. It seems,trere are two types of these challenges : the ones related to the integrity of the judges and those related to communication with representatives of civil society. Today integrityis associated, above all, with the virtues of the judge and the standards of ethical conduct for judges.The judge's ethical standards are enshrined in Bangalore Principles of Judicial Conduct and reflected in the Code of Judicial Ethics, which state that the exercise of the right of everyone to judicial protection sets high demands on the moral qualities of each judge. It seems that the judicial integrity may be regarded as a result of implementing ethical standards and principles in each judge's behaviour. Civil society's demand is high in terms of the judicial integrity, and it is particularly exacerbated in transitional democracies, during a period of active reformation processes, when many issues may be shifted from the political plane to the plane of judgement. Moreover, there is not enough today for a judge to be virtuous, because society demands openness of the court procedures, and therefore the problem of judicial communication is raised. As we can see, judicial authorities and judges are aware of the communication importance and are willing to communicate with civil society, in particular, most courts in Ukraine have developed communication strategies; active participation of courts and judges on social networking is in evidence. Keywords: post-truth, court, integrity, professional ethics of judges, judicial communication.
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Toksanbaeva, Ayjamal Mangytbay kizi. "PECULIARITIES OF FORMING PROFESSIONAL ETHICS OF JUDGES IN THE REPUBLIC OF UZBEKISTAN." EURASIAN JOURNAL OF LAW, FINANCE AND APPLIED SCIENCES 2, no. 4 (2022): 120–24. https://doi.org/10.5281/zenodo.6503766.
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The article illustrates scientific disciplines and analytical views on the specifics of the development of professional ethics of judges, a new model of compliance with the principles of ethics of judges, the specifics of the independence of judges.
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Kobyakova, O. S., I. A. Deev, Evgeniy S. Kulikov, et al. "THE PROFESSIONAL BURNOUT OF PHYSICIANS OF VARIOUS SPECIALTIES." Health Care of the Russian Federation 61, no. 6 (2019): 322–29. http://dx.doi.org/10.18821/0044-197x-2017-61-6-322-329.
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Introduction. The professional burnout is a prevalent phenomenon among physicians confirmed by data of a number of foreign studies. The3 development of professional burnout correlates with rate of medical mistakes and outflow of personnel from the field. At that, there is no studies related to searching of differences in development of professional burnout in various medical specialists which is required for detailed planning of measures on decreasing of prevalence of the mentioned syndrome. Material and methods. The questionnaire MBI (Maslach burnout Inventory) was applied for assessing the level of burnout. a number of originally developed questions was added to establish intensity of labor of physicians. all physicians were stratified on four groups according the profile of specialty (therapeutic, surgical, diagnostic and organizational methodological profiles). Results. The study covered sampling of 1,668 physicians. The obtained data permitted to establish differences in their labor activities and level of professional burnout as related to particular specialties, including urban/rural characteristics. The maximal intensity of labor was specific for physicians of surgical profile. The minimal intensity of labor was established for physicians of organizational methodological profile. The physicians of therapeutic profile were characterized by average level of professional burnout. The symptoms of professional burnout were characteristic for all groups of specialties. At that, 1/5 of all physicians had a low degree of this syndrome. The level of professional burnout in physicians of therapeutic profile in rural area were higher than in urban area by all parameters. The level of professional burnout in surgeons differed at the expense of depersonalization independently of place of employment. Discussion. The obtained data permits to reliably judge about necessity of development of preventive measures with consideration for differences in development of professional burnout in representatives of various medical professions and dictates necessity of further investigation of factors of development of professional burnout in medical specialists.
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Pratama, Erry, Dr Moch Ali Mashuri, S.Sos, M.Si, and Shinta Devi Apriliana. "Analysis of the Development of the State Civil Apparatus Candidates for Judges Behaving Negatively in Realizing the Great Justice in Indonesia." Veteran Justice Journal 1, no. 2 (2020): 83–117. http://dx.doi.org/10.33005/vjj.v1i2.26.
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The State Civil Apparatus (ASN) is an important element in carrying out the tasks of government and development in a country. In implementing governance and development, professional ASNs are needed, free from political intervention, free from corrupt, collusion and nepotism practices, able to provide public services to the community and able to play a role as the glue of national unity and integrity based on Pancasila and the 1945 Constitution. as a tool requires guidance to improve the quality of human resources to work effectively and efficiently in providing services. the services provided to the community must be fair and comprehensive, especially in terms of providing services based on community rights so that justice in Indonesia can be realized. The State Civil Apparatus (ASN) prospective judges in Indonesia who are competent in carrying out their duties and functions will create a great court without negative attitudes or arbitrary actions of an officer. The State Civil Apparatus (ASN) guidance for prospective judges is important to improve the quality of ASN's work. The purpose of this paper is to identify the ASN model for prospective judges in realizing a large judiciary in Indonesia. This study uses a literature review method which is a research method by studying the literature or primary data sources used in research. From the results of research and data analysis, it can be determined that The State Civil Apparatus (ASN) coaching for prospective judges in Indonesia uses a coaching model based on employee discipline through the level of punishment from severe, moderate, and mild. See the position of Judge more priority to integrity than intelligence. Intelligence can be increased through various education and training programs. While morality which is the nature and basic nature can not be formed and improved. So prospective judges who behave despicably must be fired in order to realize a great court in Indonesia.
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Tóth, Zoltán J. "Excerpts From the Development of Methods of Legal Interpretation." Law, Identity and Values 2, no. 1 (2022): 241–64. http://dx.doi.org/10.55073/2022.1.241-264.
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Legal interpretation is a stage in the application of the law, an indispensable operation whereby a judge (or other decision-maker) determines what a legal text means. The text does not stand alone; the words and expressions used in the norm may themselves have multiple meanings even in the context of everyday terminology, not to mention the differences between legal and other professional meanings. Furthermore, a norm has not only a text but also a context, a regulatory environment, a declared legislative purpose, an intention by the lawmaker or a set of moral expectations within which the text can be interpreted, etc. This paper attempts to present how methods of legal interpretation have evolved over the last two centuries and how we have moved from Savigny’s Canon to the sophisticated methodologies of today. At the end of the paper, we ourselves will attempt to provide a useful methodological classification of these highly fragmented and diffuse methods.
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Someswar, Prof Dr G. Manoj, and Ganji Vivekanand. "DESIGN & DEVELOPMENT OF A BIG DATA ALGORITHM OPTIMIZATION TECHNIQUE FOR A SALES SIMULATION SYSTEM OF A BUSINESS ORGANISATION." International Journal of Innovative Research in Advanced Engineering 8, no. 5 (2021): 107–19. http://dx.doi.org/10.26562/ijirae.2021.v0805.004.
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When sales representatives and customers negotiate, it should be confirmed that the ultimate deals can render a high enough professional t for the mercantilism company. Massive corporations have completely different strategies of doing this, one amongst that is to run sales simulations. Such simulation systems typically have to be compelled to perform complicated calculations over massive amounts of information that successively needs economical models and algorithms. This research paper intends to judge whether or not it's potential to optimize Associate in Nursing extend an existing sales system known as per centum, that is presently laid low with intolerably high running times in its simulation method. this can be done through analysis of this implementation, followed by improvement of its models and development of economical algorithms. The performance of those optimized and extended models area unit compared to the present one so as to judge their improvement. The conclusion of this research work is that the simulation method in per centum will so be optimized and extended. The optimized models function as a symptom of thought that shows that results just like the first systems are often calculated inside < 1 Chronicles of the first time period for the most important range of shoppers.
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Gachago, Daniela, Nicola Pallitt, and Maha Bali. "No Size Fits All: Design Considerations for Networked Professional Development in Higher Education." Networked Learning Conference 12 (August 16, 2024): 128–38. http://dx.doi.org/10.54337/nlc.v12.8648.
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This paper develops a framework for design considerations that can be used to analyse or design networked professional development (NPD) in higher education (HE) contexts. The model was developed after reflecting on three professional development (PD) courses, each with facilitators who are academic developers across the African continent. Using a collaborative autoethnographic methodology (Bali, Crawford, Jessen, Signorelli, Zamora, 2015), the three authors reflect on design considerations for different forms of blended and online PD courses, based on their experiences of designing and/or facilitating these interventions and with PD more broadly. We argue that design considerations, such as context, have become more complex and that understanding the dynamics between them are important. We suggest that course designs can be positioned along a range of dimensions, namely: open/closed, structured/unstructured, facilitated/unfacilitated, certified/uncertified, with/without date commitments, homogenous versus autonomous learning path, content vs process centric, serious vs playful and individual vs collaborative. Our design considerations framework is not meant to judge courses or provide a formula for how best to design them, but rather to highlight how courses can be understood on each of the dimensions we identify, and how design decisions place a course in particular positions along the spectrum, depending on context. We noted some relationships among dimensions and links to learning theories. We also identified various tensions that arise in the design of NPD, such as between academic developers' pedagogical advocacy vs. usefulness, the need to maintain volunteerism without exploitation of affective labour, and the struggle to create spaces for agency within institutional rules.
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Chaaban, Youmen, and Abdullah Abu-Tineh. "Instructional coaches’ perceptions of professional development." International Journal of Mentoring and Coaching in Education 6, no. 4 (2017): 266–84. http://dx.doi.org/10.1108/ijmce-12-2016-0079.
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Purpose The purpose of this paper is to examine the development of a professional development (PD) model for educator growth and learning that is embedded into the school context in Qatar. Because the success of a PD program in practice cannot be judged against its theoretical underpinnings, the paper goes on to examine the perceptions of instructional coaches on the effectiveness of the PD model. Design/methodology/approach Through the use of a qualitative, constant comparative approach, data were collected from 19 instructional coaches through open-ended surveys followed by focus group interviews. The instructional coaches provided information about the strengths of the PD program, the challenges they faced in their day-to-day implementation of the program, and their suggestions for the improvement of the program’s implementation and outcomes. Findings The instructional coaches reported several strengths, which were compatible with the literature on effective PD. However, the challenges they faced were deeply rooted within the inherent structure of the program, in addition to external challenges at both the school and Ministry of Education levels. Thus, a general consensus on the way that the program should be implemented was reached. Originality/value The study revealed the complexity inherent in transferring research-based principles and theory into practice. It indicated that the components of PD programs interact within complex social settings.
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Klepikov, Sergey N. "Development of emotion management skills of judicial system employees as a prerequisite to effective performance." Russian Journal of Legal Studies (Moscow) 12, no. 1 (2025): 19–26. https://doi.org/10.17816/rjls655499.
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The article substantiates the need for judicial system employees to develop emotional intelligence as a component of their soft skills and a prerequisite to deliver high standards in their professional activity. Regrettably, we have neither special training programs for the systematic emotional intelligence development nor special counseling services that would help judicial system employees to recognize their emotions and correctly perceive the emotions of others at workplace. Concepts such as to analyze the emotional intelligence concept and its components based on the knowledge and skills that all employees of the Russian judicial system must have. In this regard, the article proposes various emotion management methods. Emotional intelligence is the ability of a person to recognize and correctly interpret the emotions of other people, understand their intentions and causes of their actions, understand his/her own emotions and desires, and be able to manage them. Developing emotional intelligence would help judges and court staff to cope with emotional stress, reduce the risk of occupational burnout, and would also help to maintain their mental health. Every judge must be aware of his or her emotions to remain impartial and unbiased in the judicial decision-making process. They can achieve this through the development of emotional awareness, self-regulation, and self-control, including various physical and mental approaches and methods. Physical methods provide for managing emotions at the muscular level; whereas mental methods, in turn, are associated with managing emotions by changing one’s thoughts.
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Iovan, Marţian. "Development of the Magistrate’s Intime Conviction in the Context of Non-Verbal Communication." Journal of Legal Studies 27, no. 41 (2021): 83–97. http://dx.doi.org/10.2478/jles-2021-0007.
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Abstract The author of this paper tackles the concept of intimate conviction of the magistrate (judge, prosecutor) and relevant aspects of the etiology and practical importance of its content, as a subjective basis for establishing judicial questioning tactics that help the magistrate in his/her decision-making. By approaching the process of intimate conviction development as part of an interpersonal communication system, the author analyses the contribution of interpreting nonverbal, extra-semantic clues given by the person being questioned and by all participants in courtroom debates, to the detection of feigned behaviors and the subsequent adjustment of questioning, paving the way for the development of an intimate conviction. Consequently, improving hearing and questioning practices for the accused, the investigated, and witnesses involves professional control and self-control in terms of eye contact, facial expression, gestures, stance, paralanguage, touching, proximity, and dress, in order to masterfully achieve specific goals in delivering justice.
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Chobotko, M., I. Chobotko, and N. Boychenko. "Research of the problem of professional development of judo judges." Єдиноборства, no. 4(18) (November 1, 2020): 82–89. http://dx.doi.org/10.15391/ed.2020-4.08.
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Romanova, A. S. "Bangalore principles of judicial conduct as the foundation of judicial ethics." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 375–79. https://doi.org/10.24144/2307-3322.2024.86.5.54.
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The article is devoted to the features of ensuring and implementing the Bangalore Principles of Judicial Conduct as the basis of judicial ethics, the purpose of which is to establish standards of ethical behavior of judges in order to support and develop trust in the judiciary in society. It is found that the Bangalore Principles of Judicial Conduct define the fundamental ethical standards of the judiciary in general and the moral and ethical requirements for the person of a judge in particular. These principles define independence, objectivity, honesty, incorruptibility, equality, competence and diligence as key factors in judicial proceedings, and their observance in professional activities and everyday life contributes to the formation and strengthening of citizens’ trust in the judiciary. It is emphasized that the Code of Judicial Ethics in force in Ukraine, formed on the basis of the analyzed principles, justifies the importance of their implementation in national judicial systems, since their observance will contribute to the encouragement and maintenance of high moral and ethical and professional and competence standards in the behavior of judges. It is noted that judicial ethics covers the professional and personal aspects of a judge’s life, explores and develops moral and ethical relations between judges and participants in the judicial process. Moral and ethical norms in the judiciary should be formed on the basis of the principle of human centrism, the priority of human rights and freedoms. Attention is focused on the fact that today in Ukraine the value orientations of society’s development have acquired special importance in all spheres of a person’s life, because a consolidated, harmonious morally and spiritually stable society is able to fully develop and ensure and guarantee the fundamental rights and freedoms of a person and a citizen. It is emphasized that the above principles are aimed not only at establishing and recommending compliance with ethical principles as regulations of internal requirements for the behavior of judges. They should contribute to supporting the administration of justice by representatives of the executive and legislative branches, lawyers, and society, which will develop interaction between them in order to ensure the rule of law and the triumph of justice.
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Zhapaj, Arbana, and Gazmira Birce. "The Professional Figure in the Relation to the Family of Special Need Children." Academic Journal of Interdisciplinary Studies 6, s2 (2017): 25–35. http://dx.doi.org/10.2478/ajis-2018-0025.
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Abstract Most of the professionals that work in the field of special needs help in development of the healthy relations with the families that have a child with special needs. Others continue to hide their profession behind the analyses conducted through medical diagnoses, and further more others judge the families, laws, conditions and what we normally have, a family of growing problems. The professionals should be active partners together with the families for the future of the children with special needs, by creating a relation based on respect and empathy. The attitudes of the professionals towards the families of the special need children make the relation to head to positivity or negativity. Normally these attitudes come from the perception that the professionals have for the feelings that parents experience, the impact of the child on the family, what they consider important to construct a collaboration and to assess when and how the parents need the professionals, or the characteristics that the relation present with these parents. The aim of the study is to point out the opinions that the professionals have in relation to the family; these opinions will help us to evaluate the attitudes of the professionals and their impact in the development of the collaboration with the families.
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Kurbonov, Nurali. "Peculiarities Of Forming Professional Ethics Of Judges In The Republic Of Uzbekistan." American Journal of Political Science Law and Criminology 02, no. 12 (2020): 139–43. http://dx.doi.org/10.37547/tajpslc/volume02issue12-21.
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The article illustrates scientific disciplines and analytical views on the specifics of the development of professional ethics of judges, a new model of compliance with the principles of ethics of judges, the specifics of the independence of judges.
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LISIN, Konstantin Yu, and Natal’ya V. UL’YANOVA. "Revenue estimation methods and their impact on the development of accounting." International Accounting 28, no. 4 (2025): 60–80. https://doi.org/10.24891/ia.28.4.60.
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Subject. This article discusses the particularities of the International Financial Reporting Standard (IFRS) 15 – Revenue from Contracts with Customers, in particular, the possibility of an accountant applying professional judgment when treating business events in the Revenue item. Objectives. The article aims to analyze the changes in reporting data prepared in accordance with the IFRS requirements before and after the adoption of IFRS 15, and simulate the reporting of the company, within the framework of which the transactions of sale of goods and their returns are recognized. Methods. For the study, we used the methods of logical and quantitative analyses, as well as modeling. Results. The article finds that the transition to the concept of professional judgment in the recognition and measurement of revenue does not help users unambiguously judge the changes in this indicator in previous periods. Using examples of return operations, the article shows the qualitative difference between the methods used earlier and now in terms of transparency and reliability of reporting data for an external user. Based on the results of the modeling, statements prepared in accordance with IFRS 15 were obtained, the data in it were analyzed for compliance with the accepted conceptual accounting principles. Conclusions. Due to the significant valuation component, the key financial statements raise conceptual issues that help assessing how new methods of revenue recognition and measurement can affect the assumption of temporal certainty of the facts of economic activity and the forward-looking nature of accounting data.