SOME ADMINISTRATIVE AND LEGAL ASPECTS OF THE ASSISTANCE OF A JUDGE

Abstract

The status of assistant judges has changed dramatically with the adoption of the Law of Ukraine “On Civil Service” of December 10, 2015, according to which assistant judges have lost the status of civil servants and acquired the status of employees of the patronage service. May 18, 2018 The purpose of the article is to determine certain aspects of the legal status of an assistant judge in the context of updating the current legislation. Realization of the set purpose provides the decision of a number of tasks: 1) disclosure of the legal status of the assistant judge in the context of updating of the current legislation; 2) search for ways to improve the legal status of the assistant judge in the context of updating current legislation. Scientific novelty. The article highlights the legal problems and areas for improving the legal status of the assistant judge in the context of updating current legislation. As a conclusion, the Council of Judges of Ukraine approved a new Regulation on the Assistant Judge, which in comparison with the previous version regulates in more detail the interests of the assistant judges themselves. Thus, the provision contains 25 points, in particular regarding: the right of a judge to have an additional assistant (paragraph 11); the procedure for accrual of bonuses, application of incentives and disciplinary sanctions (paragraphs 15, 16, 17); the right to additional leave for the special nature of work (paragraph 18); the procedure for replacing the secretary of the court session by an assistant judge (item 20), etc. These positions are undoubtedly a positive development in terms of the rights and responsibilities of assistants, but they contain many issues that have become the purpose of this study. In particular, the question of the expediency of assigning the position of assistant judge to patronage, not civil service, remains debatable. Also, the institution of “additional assistant” is insufficiently regulated, the issue of exercising the powers of the secretary of the court session by the assistant judge. Due to the abolition of the status of civil servants for assistant judges, they are not subject to the laws “On Prevention of Corruption” and “On Purification of Power”, which carries high corruption risks. Thus, despite the adoption of the new Regulation, the legal status of an assistant judge still needs additional regulation.