Proper qualification as a definitive requirement for candidates to the position of judge of the Constitutional Court of Ukraine

This article addresses the specific aspects of normative-legal regulation of the procedure for confirming proper qualification of candidates for judges of the Constitutional Court of Ukraine (hereinafter – CCU). It has been clarified that the qualification of a candidate for CCU judge based on the criterion of compliance with the level of competence in the field of law occurs in two stages. The first stage has a formal nature, during which authorized bodies of CCU judge appointment subjects verify the documentary confirmation by the candidate for CCU judge of the presence of legal education (academic degree, academic title) and professional experience in the field of law. The second stage of qualification of a candidate for CCU judge should be considered as an action that certifies that a specific candidate is able to work correctly and actually deliver expected results. Such qualification is carried out by the Advisory Group of Experts during the evaluation of candidates for CCU judges, during which the qualification level of a candidate for CCU judge is determined not by formal characteristics, but by thorough verification of the natural abilities of the candidate for CCU judge to practically apply acquired knowledge and the presence of desire to innovatively and comprehensively approach the resolution of legal cases. It has been established that the evaluation by the Advisory Group of candidates for CCU judges regarding proper qualification in the field of law is conducted according to three parameters. First and foremost, a formal verification is conducted regarding mandatory initial data confirmed by documentation. Second, an analysis of available and, if necessary, additionally obtained information upon relevant requests is carried out. Third, direct obtaining of indicators for evaluation and making a reasoned decision. The third parameter is the most important, as it is designed to resolve two interrelated groups of issues. One relates to clarifying the presence of trust in those who conduct the evaluation, i.e., members of the Advisory Group, which is based on such criteria: the presence of experience and reliability of assigned titles of Advisory Group members, the suitability of evaluation criteria for qualification of candidates for CCU judges developed by the Advisory Group for achieving the goal of the assigned task. Also, trust includes the presence of regular communication with the Advisory Group, mutual accessibility and clarity of exchanged information. The second group involves direct evaluation of candidates for CCU judges through their completion of written assignments and, if necessary, conducting additional interviews. In connection with this, it has been clarified that proper qualification of a candidate for CCU judge is confirmed not only by theoretical knowledge of legislation, but primarily by critical thinking regarding how to apply this knowledge in practical terms. The advantages of electing to the CCU judges with diverse practical experience in the field of law, rather than exclusively judges of general jurisdiction and scholars, have been proven, because judicial appointments should be based on merit rather than reflecting political or other forms of bias in favor of or against certain types of candidates. It has been proposed to expand the list of requirements regarding the presence of educational level for candidates for CCU judges and, if necessary, to determine a quota for CCU judge appointment subjects for persons with such specialty as «international law.»