New judges to be taught how to resist pressure before they start to work

Date: 14 December 2015
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The new candidates will be taught the judicial ethics, stress resistance, and communication with the media at the National School of Judges.

According to Ms. Hanne Juncker, Head of the Department of Justice and Legal Cooperation of the Council of Europe, the reforms should restore the confidence in public institutions and ensure the transparency of the judiciary.

As the Human Rights Information Centre correspondent reports, Juncker noted this during the forum “#Constitution: public confidence and new justice.”

The expert noted that the total dismissal of judges might create the conflict with the European standards as dismissal was possible only when the level of competence did not allow performing the duties.

She also noted that the provision, stipulating that the judges may be dismissed if they do not confirm their qualification, had the right to life. According to Hanne Juncker, transparency is an important point and the hearings should be as open as possible.

Also, the judges should have not only basic legal education but also undergo additional training.

We need to introduce the quality system for training of judges,” she said.

Mykola Onishchuk, Rector of the National School of Judges, member of the Constitutional Commission, said that the new judges would undergo appropriate training in the near future, “The enlistment of candidates for judges may start next year (we are waiting for the decision of the High Qualification Commission of Judges). Their access to profession will consist in the 12-month permanent training at the National School of Judges in Kyiv. We will teach the judges not substantive and procedural law as it is the task of the higher education. We will teach them honesty, abilities and skills of the judicial activity, that is, the standards, required by the society today.”

According to Onishchuk, the new judges will be taught the judicial ethics, communication with the media, stress resistance, ability to resist pressure put by the masses and politicians.

The old panel of judges will undergo initial qualification assessment. It is expected that a large number of judges, who will be able to retire having the appropriate qualifying period, will submit such statements to leave their positions.

This process has already begun, some courts even have not a single judge. They feel that the time puts high standards of justice, and they do not want to subject themselves to these additional efforts and moral, ethical feelings associated with this,” Onishchuk said.

The expert noted that the parties had already reached consensus on the nuances of the constitutional amendments. The corresponding draft law has been already registered in the Parliament, and it is likely to be voted for. The main thing now is the implementation of these standards.

According to Volodymyr Shapoval, chief expert on the constitutional reform of the Reanimation Package of Reforms, the Constitutional Court judges have resigned, and the additional laws which will regulate the implementation of these provisions should be endorsed between the two voting sessions for the constitutional amendments.

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