PROFESSIONALIZATION OF JUDGES: PERSONAL AND FUNCTIONAL DETERMINANTS
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 9
Abstract
The proclamation and recognition by Ukraine of the rule of law, the construction of a democratic rule of law and the development of civil society requires not only the spiritual, material, organizational measures of the temporal dimension, but, first of all, a rethinking of the role and place of lawyers. Due to professional legal activity, nowadays, in the context of the evolution of the national legal system, it is likely to predict the ways of development of national law. The question of professionalism in any sphere of activity is relevant, especially this problem is acute in the legal sphere, since the functioning of the main spheres of life of the society depends on the professionalism of lawyers. In the context of political-legal and judicial reform, when a strategic course is adopted in the European Union, requirements for the level of professionalism of judges are significantly increased, it is a profound way to analyze the processes occurring both in the judicial system and public life, to see the prospect of legal reforms, to guarantee effective justice. . The advocacy of democratic legal ideals in the state requires a good functioning of the judicial system, which primarily addresses the issue of professional competence of the main actors in this sphere - judges. The personality of a judge in the context of analyzing the content of his professional activity, professionalization, reveals those features that are professionally useful in terms of success and effectiveness of the performance of professional functions. The study of the personal and functional determinants of the professionalization of judges has a significant practical value, since it provides the theoretical basis of lawmaking activity, in which the requirements are set forth for both the candidate for a judge's position and for the current judge. In the structure of the judge's personality, we have identified four determinants substructures that contain a complex of many components: 1) a substructure of orientation, which is a set of constants, socially significant qualities of the individual (worldview, value orientations, personal motives, social directives, etc.). related to the legal consciousness of the person who acts as the subject of the judiciary; 2) a substructure of experience containing knowledge, skills, habits, etc .; 3) the substructure of features that are due to mental processes, reflected in the cognitive activity, mental, emotional states of the individual; 4) the substructure of temperament and other biologically determined features, which together with social factors affect the abilities of the individual and influence the formation of his character.
Authors and Affiliations
Bogdan Bazarnik
Keywords
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- EP ID EP570626
- DOI 10.25313/2520-2308-2018-9-4959
- Views 93
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