ELECTION OF JUDGES AS A METHOD OF GIVING THEM AUTHORITIES IN THE USA AND THE NEED TO IMPLEMENT THE SYSTEM OF JUDGES’S ELECTION IN UKRAINE
Author (s): Oliinyk V.S., Rebkalo M.M.
Work place:
Oliinyk V.S.,
Ph.D. in Law, Associate Professor,
Associate Professor of the Department of
State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0001-5546-9613
Rebkalo M.M.,
Ph.D. in Public Administration, Associate Professor,
Associate Professor of the Department of
State and Law Theory and History, Constitutional Law,
Academy of the State Penitentiary Service, Chernihiv, Ukraine
ORCID: 0000-0002-9633-5811
Language: English
Scientific Herald of Sivershchyna. Series: Law 2022 No 3 (17): 18-25
https://doi.org/10.32755/sjlaw.2022.03.018
Summary
The method of empowering judges in Ukraine is defined in the article. The election system of judges on the example of the USA is analyzed. Its advantages and disadvantages, as well as the degree of necessity of introducing an election system of judges in Ukraine are identified.
Three types of judge election systems have been formed in the USA, which have more disadvantages than advantages, and therefore the model of judge election does not meet the needs of the Ukrainian judicial system.
Key words: judges’ election, judges’ authorities, election system of “party” judges, election system of “non-party” judges, elections for extension of powers of judges.
References
- Ukraine (1996), Constitution of Ukraine, available at: https://zakon. rada.gov.ua/laws/show/254k/96-en (accessed 2 August 2022).
- DeWolf, D.K. (2008), Electing judges keeps them accountable, available at: www.seattlepi.com/local/opinion/article/Electing-judges-keeps-them-accountable-1218803.php (accessed 9 August 2022).
- Bihun, V. S. and Usenko, I. B. (2014), Judiciary in Ukraine: historical origins, patterns, features of development, Publishing House “Naukova Dumka” NSA of Ukraine, Kyiv, 504 p.
- Canes-Wrone, B., Clark, T. S., and Park, J.-K. (2012). “Judicial independence and retention elections”, Journal of Law, Economics, and Organization, Vol. 28, No. 2, PP. 211-234. https://doi.org/10.1093/jleo/ewq009.
- Shadrin, D.N. (2016), “Election of judges as alternative to their appointment”, Matters of Russian and International Law, Vol. 3, PP. 226-234.
- Dolezhan, V. (2009), “For pure mantles. Election of judges: a panacea for evil or an element of election technology?”, Law and Business, Vol. 37, PP. 34-39.
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