Download

Author

Zhukokova N.K.

Title of article

Training and advanced training of judges: comparative analysis of Russian, Kazakhstan and Belarussian legislation

Section

Section 11. Personnel, moral and psychological support of law enforcement agencies activities

Issue, year

2 (32) 2015

Abstract

The brief comparative and legal analysis of the main legal instructions regulating the issues of judges advanced training in Russia, Kazakhstan and Belarus is conducted. The controversial issues of future lawyers’ training according to the programs of bachelor and master’s degree are analyzed. The problem of lacking legislative fixing of the master’s degree for judges candidates is raised. It’s proposed to amend the effective legislation of Russia, Kazakhstan and Belarus regulating qualifying requirements for judge candidates. The author proves the necessity of educational and judicial systems’ cooperation in matters of training future specialists for the judicial system. The correspondence between the norms of national legislation of above-mentioned states and norms of international documents regulating the issues of judges advanced training is considered. The defects of the effective system of judge training in Kazakhstan are shown. It’s proposed to amend the effective legislation of Belarus and Kazakhstan regarding the fixing of judge’s obligation to undergo advanced training. That will influence the solution of the issue of judge’s certification or other aspects of his/her further career. The necessity to specify the legal status of persons obtained specialized master’s degree at the Kazakhstan Institute of justice, as well as to fix more rigorous requirements for people intending to obtain master’s degree, is argued. The suggestion of Kazakh scientists to limit assignment of judges by those having specialized master’s degree is critically analyzed. It’s summarized that continuing education (advanced training) of acting judges with the purpose of maintaining their high professional level is necessary.

Keywords

advanced training, judge, mentoring, field training, undergraduate.

References

1. Kleandrov M.I. Status sud’i. Pravovoy i smezhnye komponenty [The status of judges. Legal and related components]. Moscow, 2008.

2. Surovov S.B. Professional’naya podgotovka sudeyskikh kadrov [Training of judicial personnel]. Sud’ya – Judge, 2013, no. 9.

3. Ezhekvartal’nyy informatsionnyy daydzhest Severo-Kazakhstanskogo oblastnogo suda – Quarterly Digest of the North Kazakhstan regional court, 2012, edition no. 2, p. 7.

4. Kurmantaeva L. O nekotorykh voprosakh podgotovki kadrov dlya sudebnoy sistemy s uchetom mezhdunarodnogo opyta [On some issues of training for the judicial system based on international experience]. Zangger – Lawyer, 2012, no. 11.

5. Baishev R. Problemy i perspektivy podgotovki molodykh sudey [Problems and perspectives of preparing young referees]. Zangger – Lawyer, 2013, no. 11.

6. Kydyrbaeva A.K. Predlozheniya po modernizatsii sudeyskogo obrazovaniya [Proposals for the modernization of the judicial education]. “Mezhdunarodnye standarty i opyt otbora kandidatov v sud’I” (g. Astana, 23 maya 2014 goda) [International standards and experience in the selection of candidates for judges (Astana, 23 May 2014)]. Available at: http://pravo.zakon.kz/4647707-predlozhenija-po-modernizacii.html (Accessed 26 August 2014).

7. Mami K. Konstitutsionnaya zakonnost’ i sudebnaya vlast’ v Respublike Kazakhstan: osnovnye tendentsii i prioritety. Dokt. Diss. [Constitutional law and the judiciary in the Republic of Kazakhstan: the main trends and priorities. Doct. Diss.]. Almaty, 2003.