Judges make decisions regarding various cases, which may be civil, administrative or criminal. They must make exclusively balanced and objective decisions, therefore, really significant requirements are made for candidates for the position of judge. Requirements may vary slightly for federal, constitutional, or supreme judges. For this, the citizen’s education, work experience, vocational training and other parameters are taken into account.
What does the institution of the judiciary in the Russian Federation look like?
In Russia, there are several types of ships, each of which has its own characteristics. The Institute of the Judiciary is divided into several parts:
- Constitutional Court. He is represented by the highest judicial authority. It is divided into charter courts located in different regions of the country.
- General jurisdiction. This includes the Supreme Court, regional and world courts.
- Arbitration courts. They can be Higher, federal, district or arbitration subject.
To determine what are the requirements for candidates for the position of judge, it is necessary to study the provisions of the Federal Law No. 3132-1 “On the Status of Judges in the Russian Federation”. It is this normative act that governs all the rules for appointing a specific citizen to a given position.
Who can become a judge?
The basic requirements for candidates for the position of judge are represented by the following conditions:
- the presence of a higher legal education;
- the absence of a criminal record or even criminal prosecution terminated as a result of the existence of rehabilitating circumstances;
- citizenship of two states or a residence permit in another country is not allowed;
- lack of partial or complete incapacity;
- a citizen should not be registered with a drug dispensary or psychiatric dispensary;
- the presence of diseases that may become an obstacle to the performance of official duties is not allowed.
These requirements are the most significant, and they are presented to any judge regardless of the court chosen. In addition to vessels of different levels, other unique conditions may be used.
Requirements for age and length of service
The most significant requirements for candidates for a judge are conditions related to age and length of service. A citizen must work as a lawyer or prosecutor. The main conditions include:
- if an arbitration court or a court of peace is selected for work, the citizen must work as a lawyer for at least 5 years, and his age cannot be less than 25 years;
- the requirements for a candidate for a federal judge are to reach the age of 30 years, as well as the legal experience of more than 7 years;
- if the Higher Arbitration Court is selected for work, then the person must reach the age of 35 years, and also he must have experience of 10 years.
A person who is accused or suspected of any crime is not allowed to this position. Relationships with the chairman or deputy head of the selected institution are not permitted.
How is the selection?
All persons who plan to take this position must take into account the requirements for candidates for the position of judge. The appointment occurs in the correct order, for which the following actions are performed:
- the chairman of a particular court in which there is a vacant position shall transmit information to the qualification collegium;
- information must be transmitted within 10 days from the date of vacancy by a previous employee;
- then, within 10 days, the board notifies the availability of this vacancy to the media, and indicates the time and place of the adoption of various applications from candidates;
- after that competitive selection is held.
A large number of specialists can apply for one place. Competitive selection is considered quite tough. The requirements for candidates for the position of judge and the procedure for their appointment are indicated in the Federal Law No. 3132-1. If citizens meet the requirements, and also want to take a vacant post, then they will have to pass a special qualification exam. To do this, they need to contact the examination committee, which works under the panel of judges.
What documents are required?
To pass the qualification exam, a citizen must prove that he meets all the requirements for candidates for the position of judge. Therefore, the following documentation is handed over to the board:
- passport;
- a questionnaire in which personal information about the citizen is entered;
- documentation of higher education in the legal field;
- a work book, with which you can understand whether the length of service of a person meets the requirements;
- a medical certificate containing information on whether the citizen has any diseases that are an obstacle to the occupation of his position of interest.
Based on this documentation, a lawyer is allowed to take an exam. After successfully passing this test, you must contact the panel of judges with a statement. This document indicates the desire to occupy a vacant position by a citizen. A statement obtained after passing the exam is attached to the application. Additionally, characteristics are collected from all places of work over the past 5 years. Attached are papers on the availability of income and available property.
How is the decision made?
Initially, commission members examine whether all applicants meet the basic requirements for candidates for the position of judge. Education and seniority are considered the most significant criteria. Next, the results of the exam are evaluated. Based on the data received, a decision is made on the recommendation of certain citizens for an existing vacant position. The decision rules include:
- citizens who have significant experience in law enforcement have an advantage;
- the presence of different degrees is taken into account;
- most often preference is given to doctors of law or people with state or departmental awards;
- it is estimated how quickly and carefully various cases are examined by candidates.
If there are no suitable citizens at all among the applicants, then motivated refusals are formed. Such a decision may be appealed to the panel of judges if people meet all the requirements for candidates for the post of judge.
What are the powers assigned to an arbitrator?
The requirements for candidates for judges in Belarus are significantly different from the requirements that are used in Russia. This is due to the difference in legislation and the nuances of the judicial system.
In the Russian Federation, the Chairman of the Supreme Arbitration Court may be appointed only with the Submission of the President of the Federation Council. He is selected for a period of 6 years. The appointment of deputies takes place in the same way, as well as for a term of six years, but it requires the representation of the chairman of the EAC.
The chairpersons of the federal or appellate arbitration courts are elected only by the President of the Russian Federation for 6 years. The President may reject certain candidates, for which a corresponding decision is made. If it is revealed that the selected citizen does not meet the requirements for candidates for the position of judge of the arbitration court, this leads to the termination of his powers on the basis of a decision adopted by the board.
Why is there an age limit?
A judge must be a responsible and wise person, therefore, before occupying this important position, he should have considerable life experience. The main features of its purpose include:
- judges and their family members are guaranteed immunity;
- if a citizen has worked for more than 20 years, then he can count on lifelong maintenance from the state;
- in the decision-making process, it is required to be guided by the principles of justice and honesty;
- Before a verdict is issued, it must be checked whether it meets the requirements and conditions of various legislative acts;
- the judge must rely on existing knowledge in the field of jurisprudence, as well as his life experience;
- upon assuming office, a citizen must be sworn that he will fulfill his duties on the basis of the requirements of the law, and will also be guided by justice, conscience and duty.
Before taking up this position, a citizen will have to spend a lot of time working on the positions of a prosecutor, notary or lawyer. The requirements for candidates for the position of judge and the procedure for appointment may differ slightly for different judges, moreover, it is often the case that minor amendments are made to legislative acts that must be taken into account by all candidates.
What additional checks are carried out?
In relation to judges, various checks are carried out, since they must not only have the best education and experience, but also meet other requirements. These include:
- the state of health must be checked in advance, as the presence of various chronic diseases is not allowed, since they can interfere with the optimal work of a citizen;
- it is required to obtain in advance certificates confirming that the person was not previously registered with psychiatric institutions or a narcological dispensary.
It is not allowed to falsify documents, since if a fraud is revealed, the citizen will not only be removed from office, but may also be held liable for providing false information.
Term of transfer of authority
The term of work of a justice of the peace is strictly fixed. A specific citizen is appointed to this position exclusively for 5 years. After this age, it is allowed to stand again for this position.
A citizen can work up to a maximum of 70 years as a judge.
Powers of the Justice of the Peace
Justices of the peace make decisions in the following cases:
- criminal cases for various crimes for which imprisonment of up to three years is prescribed;
- divorce proceedings, but there should be no disagreement between spouses related to common children;
- division of property acquired by spouses during their joint residence;
- other matters related to family or labor relations;
- violation of administrative law.
All cases are considered solely, therefore, the intervention of the board is not required.
Rules for the appointment of district judges
The requirements for a candidate for the position of district judge are quite substantial, since citizens are appointed exclusively by the President of the country. The judge receives immunity and official vehicles. He considers many cases related to administrative or criminal law.
Only a Russian citizen who does not have a criminal record can become a district judge, as well as his relatives cannot work in this institution. He must have a deep knowledge of the legal field. Therefore, it is necessary to pass a tough and specific exam to determine the level of knowledge of the applicant.
The college prepares a list of candidates, which is studied by the President, and only after that a specific citizen is selected.For this, all information about the candidates is transmitted to the Federation Council, after which a vote is taken.
The specifics of the appointment of a federal judge
Federal judges must have experience of more than 5 years in the field of jurisprudence, so citizens can work in law enforcement, notaries or lawyers. The experience is studied especially rigorously, and it is also checked whether relatives have a criminal record. Its presence is a good reason for refusing employment.
Each judge must have an impeccable reputation, otherwise the citizen will not be able to take any prestigious position. He must also have good knowledge of the legal field in order to make truly balanced and correct decisions. Education must be held at prestigious higher education institutions. Only state universities are selected for this.
The nuances of choosing a constitutional judge
The requirements for candidates for the post of constitutional judge are that the age of a citizen must exceed 40 years. An impeccable reputation and legal education are also important. In the profession he must have an experience of 15 years.
Who can become a judge of the High Court?
The requirements for candidates for the post of judge of the Supreme Court are considered rather stringent. To work in this position requires an age of 35 years, and also the experience of judicial practice must exceed 10 years.
A candidate is appointed only after the adoption of the relevant decision by the board.
When do powers expire?
Each person holding the position of judge may resign by his own decision, if there are any grounds for this. Additionally, an appropriate decision of the panel of judges may be made.
Termination of authority is carried out in the following situations:
- reaching the age of 70;
- deterioration of health, which leads to the fact that a citizen cannot engage in the chosen activity;
- transition to a new place of work;
- obtaining citizenship of another country;
- sentencing in a criminal case against a given citizen;
- refusal to move to a new place;
- reorganization or abolition of the court.
Under certain conditions, a citizen may again run for the appropriate position.
Conclusion
Candidate candidates must meet multiple requirements. Some judges are appointed only by presidential decree. The term of office depends on the position held. Authorities are removed on the initiative of the citizen or after the adoption of the relevant decision by the board.
Requirements may vary significantly depending on the position chosen. If even one condition is not satisfied, then this becomes the basis for the refusal to appoint an applicant for the position.