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The article discusses problematic issues about the ratio of the categories “specialty” and “enlarged group of specialties” for the purpose of determining how to overcome the educational qualification for candidates for the position of judge. The author raises the question of the existence of discriminatory, unconstitutional requirements for the indication of the specialty “Jurisprudence” as a prerequisite for education by candidates for the position of judge, regardless of the fact that the lawyer qualification can be obtained by completing educational programs in other specialties. In addition, the article draws attention to the requirements for candidates for the position of judge in international courts. The article also discusses the inadmissibility of incorporation of organizational and functional requirements of by-laws into federal laws. Based on the analysis of the current Russian legislation regulating the organization of personnel policy in related fields, taking into account international standards.
Pavel А. Klepinin (Thu,) studied this question.