Conception of the national system of initial training, re-training and improvement the qualification of judges and members of the court staff and State Judicial Administration of Ukraine
The goals and tasks:
The national system of judicial education is appealed on establishment working, transparent and predicted justice in Ukraine, and also is aimed on effectively functioning judicial system.
The goal realization of the national system of judicial education foresees the resolving of long-term, middle term and short-term tasks.
The long-term task consists in providing for creation such national system of judicial education that will be an effective mechanism of:
- Proper realization of rule of law priority;
- Enhancing of administrative possibilities and reliability of judicial system;
- Achievement of judicial system the proper condition on way of integration of Ukraine in European Union.
The long-term task foresees the resolving of such items as building of integral, complex and system approach for introducing the united state approach to judicial education.
Specifically, the determination and providing of permanent development of united training centre, which could provide for forming and realization of strategic state policy in the sphere of judicial education, to accumulate recourse potential, specifically financial and trainers potential, and to workout the united methodical and methodological basis for the proper education, to provide for the judicial system scientific support for its perspective development.
The middle term task foresees the percent reducing of abolished judgments of the High Court, reducing (in possible borders) the term of judicial procedures and improvement of judicial administration.
The resolving of middle term task foresees the necessity of national system of judicial education’ construction, that could provide with improvement of theoretical knowledge and practical skills of judges and members of the court staff of and judicial establishments, that is connected with social changes and social and economic reforms in Ukraine.
The short-term task foresees providing the operative resolving of current problem goals of justice delivery.
The resolving of short-term task foresees the necessity of providing the mobility and flexibility in the training administration process in the stages of its planning and realization.
Basic principles of functioning
Forming and development of the national system of judge education is based on principles of acknowledgement:
1) the key role of judge corps in determination of basic principles, context and forms of educational process;
2) necessity of introduction of the centralized system of initial training, retraining and improving the qualification of judges, members of the court staff and State Judicial Administration basis of which is:
-necessity of introduction in Ukraine of the obligatory additional specialized training of persons, who aims to occupy a post of professional judge;
-necessity of continuous, during all term of occupation the post of newly appointed professional judges, training with the purpose of preparation to electing on post of professional judge permanently;
-necessity of providing of the continuous improving the qualification of professional judges, selected on this post for a permanent term;
3) importance for the effective functioning of the judicial system of the proper professional education of their organs staff and establishments;
4) compulsions of results of training in the specialized educational establishment for the resolving such tasks as appointment, electing and promotion of judges, members of the court staff and State Judicial Administration.
Institutional component.
1. The Academy of Judges of Ukraine functions at State Judicial Administration of Ukraine and is the state specialized educational establishment in Ukraine, the purpose of which foresees forming of potential staff of the judicial system of Ukraine, capable effectively realize the judicial authority, and also to assist in introduction in Ukraine of principle of supremacy of law, becoming of Ukraine as the legal, democratic state.
State Judicial Administration of Ukraine and Academy of Judges of Ukraine are responsible for forming and realization of state policy in the field of becoming of and development of the national system of judge education and scientifically methodical providing of functioning and perspective development of the judicial system of Ukraine.
Determination of necessity in qualified judges is carried out by State Judicial Administration of Ukraine on the concordance with Head of Supreme Court of Ukraine and Council of judges of Ukraine and is a reason for financing of Academy of Judges of Ukraine from facilities of the State budget of Ukraine.
With the purpose of realization of the proper purpose Academy of Judges of Ukraine carries out initial training, retraining and improving the qualification of judges, members of the court staff and State Judicial Administration, carrying out scientific researches with the scope of improving the organisation of the courts' work, studies world experience of organization of courts' work, carries out scientific-methodical providing the activity of the courts of general jurisdiction.
With the purpose of resolving of the task of improvement of access of judges, members of the court staff and State Judicial Administration, and also effective use of human, financial, sentinels and other state resources Academy of judges of Ukraine:
-creates the network of regional branches of Academy of Judges of Ukraine and provides the gradual strengthening of their material and technical and educational bases;
-taking into account a growing tendency to informatization of society, inculcates front-rank forms of training based on modern achievements in industry of high technologies.
2. The necessity of providing of principle of the systematically and continuity of realization of judge education foresees bringing in of additional services of higher educational establishments, state and public organizations, including foreign.
The state customers of such services are State Judicial Administration of Ukraine and Academy of Judges of Ukraine, those conclude with the proper artificial bodies and private persons the agreements about collaboration,
3. With the purpose of results’ estimation of training of candidates on post of professional judge, member of the court staff and State Judicial Administration the Higher Qualifying Commission of judges of Ukraine sets up State examination Commission, which the representatives of Academy of Judges of Ukraine, Supreme Court of Ukraine, State Judicial Administration of Ukraine, Council of judges of Ukraine enter in the complement of. Activity order and authority of the State examination Commission determinates by separate Statute.
4. Positive decision of the State examination Commission, conclusion of tutor-judge, the head of court, where a candidate worked on probation, and conclusion of psychologist, as a result of supervision after a candidate during all term of training is taken into account by the Higher qualifying Commission of judges of Ukraine in recommendation’ process of person during his electing of on post of professional judge, and also while establishment of higher qualifying class.
5. With the purpose of estimation of training’ results of the newly appointed judges of general jurisdiction’ courts on post during the first five years of their being on judge’ post at Academy of Judges of Ukraine the functions State examination Commission, which consists of representatives of Academy of Judges of Ukraine, Supreme Court of Ukraine, State Judicial Administration of Ukraine, Council of judges of Ukraine, Higher Advice of Justice of Ukraine, Higher Qualifying Commission of Judges of Ukraine.
Order of activity and authority of the State examination Commission at Academy of Judges of Ukraine, and also order of passing of examinations tests is regulated by separate Statute, that is ratified by Head of State Judicial Administration of Ukraine and Head of Supreme Court of Ukraine, concerted with Council of judges of Ukraine.
6. Examinations tests must include professional, psychological and another components that would enable to define ability of person to hold a post of judge permanently.
Basic principles of educational process
1. An educational process within the framework of the national system of judicial education is carried out in accordance with the standards of national judicial community and educationally professional programs developed pursuant to the requirements of state educational standards.
Development of standards of national judicial education and educationally-professional programs is carried out by the specially created group of experts at Academy of Judges of Ukraine with the obligatory attracting of representatives of judicial corps, leading specialists in field of legal education and others like that.
During forming of experts’ group at Academy of judges of Ukraine principle of primary right for a judicial corps on determination of basic principles, substance and forms of educational process.
The Head of Supreme Court of Ukraine and Head of State Judicial Administration of Ukraine approve the personal structure of the proper experts’ group after submission Academy of Judges of Ukraine, adjusted with Council of Judges of Ukraine.
2. An educational process consists of two basic blocks:
-initial training and retraining of judges, members of the court staff and State Judicial Administration ;
-improvement of judges’ qualification, members of the court staff and State Judicial Administration.
3. Initial training and retraining of judges, members of the court staff and State Judicial Administration:
1) two year specialized training course of candidates on professional judge’ post in Academy of Judges of Ukraine that is envisaged except the theoretical training, receiving of practical skills during internship of candidate in a court on post as a secretary of court, assistant, adviser of judge and others like that under the direction of judge-tutor(but not less than half of term of training), training experience in the Academy of Judges of Ukraine is entered in to experience of work in the field of law, which is needed for appointment of person on post of judge;
2) retraining of judges, members of the court staff and State Judicial Administration, as a result of transference them from the court of one jurisdiction to the court of other jurisdiction(from a general court to specialized one and vice versa) and also high court.
4. Improvement of judges’ qualification, members of the court staff and State Judicial Administration foresees:
1) annual two-week studies of the professional judges newly appointed on post during five years of stay on post;
2) monthly training of professional judges, who was selected permanently, – not rarer once on five years;
3) the two-week training for members of the court staff and State Judicial Administration, is not rarer once on three years;
4) thematic seminars which get organized within the framework of current curricula of Academy of Judges of Ukraine, including at participation of other higher educational establishments public organizations and others like that.
Elements of improvement qualification are called to provide continuity of judge education.
5. The substance and form of elements of educational process are determined by Academy of Judges to Ukraine with the obligatory use of public measures of their discussion and maximal account of substantial suggestions of judge society, leading workers of organs and establishments of the judicial system, specialists, in industry of legal education.
At the same time, Academy of judges of Ukraine provides:
-creation to the judges and members of the court staff and State Judicial Administration of the proper terms, necessary for giving them an opportunity to perceive all complex of training programs with the purpose of increase of their imitativeness in forming of the personal approach to the studies;
taking into account the presence at the proper judges and members of the court staff and State Judicial Administration the proper specialization and work experience;
rational structuring of judge education, called to provide equilateral development of professional and personalities qualities of listeners.
Basic principles of employment policy
1. Taking into account existence in Ukraine of considerable intellectual potential of judge corps, forming of basis of scientifically pedagogical workers of Academy of Judges of Ukraine is carried out due to experienced, highly professional judges and leading members of the court staff and State Judicial Administration.
2. Bringing in of acting judges and judges in retirement, members of the court staff and State Judicial after their consent is carried out by their assignment to Academy of Judges of Ukraine on a term to one year.
During the term of assignment after judges and workers position and average monthly wages is saved after basic job.
The schedule of assignment is adjusted by the heads of courts of general jurisdiction, officials of other organs and establishments of the judicial system with State Judicial Administration of Ukraine and Academy of Judges of Ukraine.
Other points of participation of judges and leading members of the court staff and State Judicial Administration in the educational process defines by the proper statutory provision that is ratified by the Head of State Judicial Administration of Ukraine and the Head of Supreme Court of Ukraine on the concordance with Council of Judges of Ukraine.
3. Stimulation of judges and leading members of the court staff and State Judicial Administration participation in an educational process is provided by financial and other measures, determinate in the proper statutory provision.
Provision about stimulation of judges and leading members of the court staff and State Judicial Administration to participation in an educational process is confirmed by the Head of State Judicial Administration of Ukraine and the Head of Supreme Court of Ukraine on the concordance with Council of Judges of Ukraine.
Planning of educational process
1. One of basic factors of effective realization of judge education is the system of national medium-term and current curriculums.
The system of national medium-term and current curriculums from initial training, retraining and improvement of the qualification of members of the court staff and State Judicial Administration provides unity, system and succession in forming and realization of the proper educational measures. They include the educationally professional programs, curriculums, programs of educational disciplines and others like that.
2. National medium-term curriculums determine strategic directions of realization of state policy in providing by well-qualified specialists the court staff and State Judicial Administration by their initial training and retraining.
National medium-term curriculums are developed by Academy of Judges of Ukraine, co-ordinate with Council of Judges of Ukraine and are approved by the Head of State Judicial Administration of Ukraine and the Head of court Supreme Court of Ukraine.
3. Current curriculums provide realization of state policy in the field of the continuous improvement of qualification of judges, members of the court staff and State Judicial Administration.
National current curriculum are developed by Academy of Judges of Ukraine after the statement of the heads of local and appeal courts and approved by Scientific Council of Academy of Judges of Ukraine on every current year.
4. The order of development of the proper plans is defined by Academy of Judges of Ukraine and is obligatory for all participants of realization of judicial education.
Basic principles of logistical and financial support of functioning of the national system of judge education
1. The effective functioning of judge education needs the creation of the proper material-technique and financial base of the specialized educational establishment called to form and realize the proper state policy - Academy of Judges of Ukraine and its regional branches.
The special attention is focused to the creation of all-sufficient educational base: specially equipped classes for the holding of educational trials, classes of remote training, language laboratories for studying foreign languages, library and others like that.
2. Financing of the national system of judge education is carried out due to the State budget of Ukraine and other sources that are legally permitted by the legislation.
3. Basic sourcing national system of judge education there is the State budget of Ukraine.
The bases of determination of range and directions of financing of charges of the national system of judge education prepares by Academy of Judges of Ukraine and is taken into account by Ministry of Finance of Ukraine during development of the State budget of Ukraine on the proper year.
Financings of charges of the national system of judge education, in particular, include:
stimulation of judges and members of the court staff and State Judicial Administration to participation in an educational process. Such financing concerns by the separate item of the State budget of Ukraine on the proper year in the cut of charges of Academy of judges of Ukraine;
payment of grants to the listeners of Academy of judges of Ukraine – candidates on justiceships professional in a size not less than two third from the average monthly wages of judge of county court of general jurisdiction;
charges on studies from the in-plant training of judges, members of the court staff and State Judicial Administration.
Charges on financing of Academy of Judges of Ukraine concern taking into account the correlation of quantity of scientifically-pedagogical workers of Academy of Judges of Ukraine diminished at a twice norm to the contingent of listeners, graduate students and persons working for doctor's degree .
4. Forming and realization of state policy in the field of judge education must not depend on the international (foreign) help that comes forward only as additional source.
5. Pay of the third persons for services of Academy of Judges of Ukraine, unconnected with its basic activity, on the concordance with Scientific Council of Academy of judges of Ukraine is used on development of the national system of judge education.
Prepared by Academy of judges of Ukraine, approved by the college of State Judicial Administration of Ukraine (decision ?5/1 from October, 19, 2004). |