European standards of the judiciary and the status of judges

Abstract

The main goal of Ukraine in the direction of integration into the European Union is the adaptation of Ukrainian legislation to the legislation of the European Union, the gradual adoption and implementation of regulations of Ukraine, developed taking into account the legislation of the European Union. The state policy of Ukraine on the adaptation of legislation is formed as an integral part of legal reform in Ukraine and is aimed at ensuring common approaches to rule-making, mandatory consideration of European Union legislation in rule-making, etc. The purpose of the article is to determine the content of the concept and system of European standards of the judiciary and the status of judges, which can be applied in the legislation of Ukraine, taking into account the peculiarities of the judicial system. The article deals with the legal nature of standards, so the following definition is formulated: a legal standard is a set of rules of conduct of entities in a particular area, established by regulations. When applying European standards in the field of the judiciary and the status of judges, the following must be taken into account: the standard must be regulated by international law and enshrined in Ukrainian law; may be mandatory or recommended; a single approach to the content of this standard will ensure the unity of case law. The article proposes a system of European standards of the judiciary and the status of judges, which consists of two groups: 1) generally accepted European standards, mandatory European standards; 2) special European standards in the field of the judiciary and the status of judges, those of a recommendatory nature. The importance of adhering to European standards in the field of the judiciary and the status of judges, as well as their impact on judicial practice in democracies, is difficult to overestimate. Their comprehensive implementation in the judiciary is relevant, as it ensures the democratic development of Ukraine and the rule of law. The existence of a unified approach to defining the content of the concept, the system of European standards, their enshrinement in international and European legal acts will ensure the unity of case law.