Legality and objectives of the decisions of the High Qualification Commission of Judges of Ukraine at the time of delegation to the competition of the Supreme Court
Journal Title: Правова позиція - Year 2018, Vol 2, Issue
Abstract
The scientific article is devoted to the clarification of the legality and validity of the decisions of the High Qualifications Commission of Judges of Ukraine during admission to the Supreme Court. The Laws of Ukraine “On Judicial System and Status of Judges”, “On Higher Education”, as well as the decision of the High Qualifications Commission of Judges of Ukraine, for example, № 148 / S-18 of October 16, 2018, are analyzed. It is substantiated that the experience of scientific work is the professional activity of a person in a specialty after obtaining higher legal education in the positions of scientific (scientific and pedagogical) workers at a higher educational institution (university, academy or institute, except higher military educational institutions) or a scientific institution of Ukraine or a similar a higher educational establishment or a scientific institution of a foreign state. It is proved that the incorrect application of the Laws of Ukraine “On the Judicial System and the Status of Judges”, “On Higher Education” in the decisions of the High Qualifications Commission of Judges, which leads to: a) violation of Article 19 of the Constitution of Ukraine, according to which the bodies of state power and bodies of local self- their officials are obliged to act only on the basis, within the limits of authority and in the manner provided by the Constitution and laws of Ukraine; b) violation of the principles of the work of the High Qualifications Commission of Judges, such as the rule of law, legality, authenticity, validity of decisions pecified in the regulations of the High Qualifications Commission of Judges; c) appeals against the decisions of the High Qualifications Commission of Judges both in domestic courts and in the European Court of Human Rights; d) causes irreparable damage to the international reputation of Ukraine, especially in the context of European integration processes in our country.
Authors and Affiliations
Є. О. Легеза
Keywords
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