Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation

The article deals with the problems, relating to the independence of the judiciary branch in Russian Federation. The Author analyzes the statutory competences and powers of the qualification boards of judges, which play a key role in the implementation of personnel policy in the judiciary. According...

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Main Author: T. V. Faroi
Format: Article
Language:Russian
Published: Omsk Law Academy 2018-06-01
Series:Сибирское юридическое обозрение
Subjects:
Online Access:https://www.siberianlawreview.ru/jour/article/view/25
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author T. V. Faroi
author_facet T. V. Faroi
author_sort T. V. Faroi
collection DOAJ
description The article deals with the problems, relating to the independence of the judiciary branch in Russian Federation. The Author analyzes the statutory competences and powers of the qualification boards of judges, which play a key role in the implementation of personnel policy in the judiciary. According to researchers, the existing laws do not guarantee the independence of judges. The fate of judges is decided by the Chief-executive with the participation of his subordinates, but not by judges and the public, which makes judges dependent on the executive branch. This is a clear violation of the constitutional principle of the independence of judges. The article presents the positions of a number of legal scholars, who believe, that currently the competence and powers of the Qualification boards of judges are overstated and require adjustment. The article concludes, that it is necessary to amend the legislation of the Russian Federation, providing for the participation of representatives of the legal scientific community in the work of Qualification boards of judges.
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spelling doaj-art-ecb0caf4c18e4e46bf6d40bfa89cfafe2025-07-15T08:04:14ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102018-06-0115213013610.19073/2306-1340-2018-15-1-130-13624Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian FederationT. V. Faroi0Kuban State UniversityThe article deals with the problems, relating to the independence of the judiciary branch in Russian Federation. The Author analyzes the statutory competences and powers of the qualification boards of judges, which play a key role in the implementation of personnel policy in the judiciary. According to researchers, the existing laws do not guarantee the independence of judges. The fate of judges is decided by the Chief-executive with the participation of his subordinates, but not by judges and the public, which makes judges dependent on the executive branch. This is a clear violation of the constitutional principle of the independence of judges. The article presents the positions of a number of legal scholars, who believe, that currently the competence and powers of the Qualification boards of judges are overstated and require adjustment. The article concludes, that it is necessary to amend the legislation of the Russian Federation, providing for the participation of representatives of the legal scientific community in the work of Qualification boards of judges.https://www.siberianlawreview.ru/jour/article/view/25constitution of russian federationlawjudiciaryindependence of the judiciaryqualification boards of judgeselection of judgesformation of the judiciarypublic representative
spellingShingle T. V. Faroi
Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation
Сибирское юридическое обозрение
constitution of russian federation
law
judiciary
independence of the judiciary
qualification boards of judges
election of judges
formation of the judiciary
public representative
title Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation
title_full Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation
title_fullStr Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation
title_full_unstemmed Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation
title_short Qualification Boards of Judges and the Problem of Independenceof the Judiciary in the Russian Federation
title_sort qualification boards of judges and the problem of independenceof the judiciary in the russian federation
topic constitution of russian federation
law
judiciary
independence of the judiciary
qualification boards of judges
election of judges
formation of the judiciary
public representative
url https://www.siberianlawreview.ru/jour/article/view/25
work_keys_str_mv AT tvfaroi qualificationboardsofjudgesandtheproblemofindependenceofthejudiciaryintherussianfederation