Requirements for the presidents of general jurisdiction courts in the Russian Federation and the procedure for their appointment

Authors

  • Yaroslav B. Zholobov The North-Western branch of the Russian State University of Justice https://orcid.org/0000-0002-2033-0897
  • Viktor N. Kornev Russian State University of Justice

DOI:

https://doi.org/10.21638/spbu14.2024.403

Abstract

The article provides a comprehensive analysis of the legal framework governing the qualification requirements and appointment procedure for the presidents of general jurisdiction courts in the Russian Federation. Specifically, individuals applying for the role of a judge, and subsequently, the court president, are subject to strict requirements. These include having a specialized legal education, relevant work experience in the field, etc. However, the analysis of these requirements reveals several challenges in this domain. Particularly, the training of the future court leaders poses a crucial question regarding how to address the fact that, as the leader, they must possess not only extensive procedural powers but also organizationaldispositive and administrative-economic ones, which was not previously possible as a judge. In this regard, the authors propose that such training should be split into four stages, starting with a psychological screening of the candidates. Following that, they participate in a specialized advanced training course and then complete an internship as a court leader. Finally, they must pass an examination to demonstrate their proficiency in organizational-dispositive and administrative-economic skills. Separately, the article examines the challenging aspects of appointing court presidents. Specifically, it discusses the lengthy process of considering appointments, the suggestion to transition from appointments to elections for presidents of general jurisdiction courts and other related issues. The article concludes that Russian legislation lacks specific qualification requirements for court presidents, who serve as the governing body of the court. However, the current requirements for judges do not allow identifying and evaluating the organizational skills required for a candidate to become the court president.

Keywords:

court, general jurisdiction court, judge, court president, judicial system, court proceedings, appointment, qualification requirements

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References

References

Bondar’, N. S., A. A. Dzhagarian. 2018. Justice: Orientation towards the Constitution. Moscow, Norma, Publ.; INFRA-M Publ. (In Russian)

Kankulova, M. A., E. V. Markina. 2020. “Topical challenges of improving the legal status of the president of a general jurisdiction court”. Problemy konstitutsionno-pravovogo razvitiia Rossii: sbornik nauchnykh statei po materialam Vserossiiskoi nauchno-prakticheskoi konferentsii, posviashchennoi Dniu Konstitutsii Rossiiskoi Federatsii 12 dekabria 2019 g. Eds E. E. Barinov, E. V. Markina, 153–155. Rostov-on-Don, Rostovskii gosudarstvennyi ekonomicheskii universitet Publ. (In Russian)

Koroleva, E. V. 2021a. “Discretionary powers of the court president”. Vestnik Voronezhskogo gosudarstvennogo universiteta. Seriia: Pravo 4 (47): 233–243. (In Russian)

Koroleva, E. V. 2021b. “The court president and court administrator in the context of legal reality”. Administrator suda 1: 13–15. (In Russian)

Latysheva, N. A. 2020. “President of a federal court of general jurisdiction in the system of organization of court records management”. Administrator suda 4: 3–6. (In Russian)

Mitashova, A. A., I. N. Ivanenko, O. S. Zinisha. 2023. “On the issue of discretionary power of the Chief Justice of the Supreme Court of the Russian Federation in administrative proceedings”. Evraziiskii iuridicheskii zhurnal 2 (177): 142–144. (In Russian)

Moskvina, U. V. 2023. “Limits of powers of the president of the court of first instance”. Sud’ia 4 (146): 53–59. (In Russian)

Neverov, A. Ia. 2023. “Status of judges in the Russian Federation: Constitutional and legal aspect”. Sud’ia 8 (150): 4–10. (In Russian)

Reshetnikova, I. V. 2019. Reflecting on judicial proceedings: Selected works. Moscow, Statut Publ. (In Russian)

Skorev, V. A. 2023. “Competence of presidents of general jurisdiction courts in the field of judicial protection in the EAEU countries: Comparative-legal analysis”. Vestnik Sibirskogo instituta biznesa i informatsionnykh tekhnologii 12 (3): 154–157. (In Russian)

Terekhova, L. A. 2021. “Discretionary powers of the Chief Justice of the Supreme Court of the Russian Federation in supervisory proceedings”. Vestnik Omskogo universiteta. Seriia: Pravo 18 (2): 40–45. (In Russian)

Tuganov, A. Iu. 2021. “President of a garrison military court as the leader of a territorial state judicial authority and organizer of the court’s activity”. Voenno-iuridicheskii zhurnal 3: 15–18. (In Russian)

Tuganov, A. Iu. 2022. “‘Legal standing’ or ‘legal status’ of the president of a garrison military court: A systematic approach to distinguishing the terms”. Wartime Legislation: Lessons of the Past and Contemporary Challenges: Collection of Scientific Articles, Moscow, November 19, 2021. Ed. by I. A. Slobodaniuk, 316–323. Moscow, Rossiiskii gosudarstvennyi universitet pravosudiia Publ. (In Russian)

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Published

2024-12-28

How to Cite

Zholobov , Y. B., & Kornev , V. N. (2024). Requirements for the presidents of general jurisdiction courts in the Russian Federation and the procedure for their appointment. Vestnik of Saint Petersburg University. Law, 15(4), 964–973. https://doi.org/10.21638/spbu14.2024.403

Issue

Vol. 15 No. 4 (2024)

Section

Public and Private Law: Applied Research

License

Articles of "Vestnik of Saint Petersburg University. Law" are open access distributed under the terms of the License Agreement with Saint Petersburg State University, which permits to the authors unrestricted distribution and self-archiving free of charge.