ЩОДО ПОНЯТТЯ «КОМПЕТЕНТНІСТЬ» СУДДІ ВИЩОГО АНТИКОРУПЦІЙНОГО СУДУ

Abstract

Maletov D. V. On the concept of competence of a judge of the Supreme Anti-Corruption Court. - Article.

The article considers the meaning of the concept of “competence” in the context of legal science and the the­ory of state and law. The legislation for the presence of a terminological definition of the concept of “competence” is analyzed. The general idea concerning the maintenance of concept is formed. It is emphasized that the concept of “competence” cannot be equally unilaterally applied in different areas of public relations. It is noted that in ac­cordance with current legislation, the division of “court competence” into three components, such as: profession­al, social and personal competence. Scientific works on the concept of “judge’s competence”, definition of its con­tent and its main components are studied.

Proposals for improving the concept and its normative consolidation are noted. The author focuses on the fact that in order to form the criteria for assessing the quali­fying examination to determine the competence of a judge of the High Anti-Corruption Court, it is crucial to adhere to the principle of specialization. Aspects of assessing the competence of judges of a specialized anti-corruption

court have been studied. According to the above material, the peculiarity of the requirements for the competence of an anti-corruption judge is related to his specialization in usually complex cases concerning the consideration of criminal corruption offenses and related crimes.

One of the peculiarities of assessing the competence of a candidate for the position of a judge of the High An­ti-Corruption Court of Ukraine is that the Public Coun­cil of International Experts participates in the selection process. It is concluded that the Public Council of Inter­national Experts is an auxiliary subject for assessing the competence of a judge of the High Anti-Corruption Court, which is an additional unique guarantee of a qual­ity procedure for assessing the criterion of “competence” of a judge of the High Anti-Corruption Court of Ukraine. In the article the author formulates the concept of “com­pliance with the criterion of professional competence of a judge of the High Anti-Corruption Court”. It is the ability to administer justice in an anti-corruption court with a specialization in criminal corruption and corruption-re­lated offenses.

Key words: competence, the competence of a judge, anti-corruption court, specialized courts, High Anti-Cor­ruption Court of Ukraine.