ПРАВОВИЙ СТАТУС ПОМІЧНИКА СУДДІ

Abstract

The article describes the legal status of assistant judges, as well as analyzes some inconsistencies in regulations on determining the legal status of assistant judges, substantiates the place and role of assistant judges in the judicial system of Ukraine. The administrative and legal status of an assistant judge is defined as a set of his administrative duties and rights as an employee of the patronage service, which ensures the judge's performance of relevant powers and promotes justice, with the definition of special disciplinary liability of an assistant judge and administrative by the judge.

The inconsistency of the legal framework that determines the legal status of assistant judges of courts of general jurisdiction is revealed. The author substantiates his own vision of the role and place of an assistant judge in the judicial system of Ukraine.

The legal nature of the assistant judge as an employee of the patronage service is revealed. The position of the assistant judge as a subject of administrative law, who replenishes the staff of the judiciary during the performance of administrative powers for a certain period of time, as he is a person with professional skills in the field of justice, has been clarified.

The role of an assistant judge is defined, which consists in a set of moral, ethical, professional and administrative-legal factors of the assistant judge's competence, which determine the features of his behavior, which promotes justice in order to perform administrative powers and provide quality administrative services in the field of justice.

The task of the assistant judge is revealed, his main powers are defined.

It is noted that the current legislation of Ukraine in the field of administrative and legal status of assistant judges and the organization of their activities is in an imperfect state, requires refinement, systematization and improvement.

It is proposed to amend the new provision on the assistant judge to restrict persons who can not hold the relevant position, as well as the adoption of the law "On patronage service", which would regulate all issues related to the passage, promotion, promotion, dismissal of assistant judges.