JUDGE’S CONSCIENCE IN INTERNATIONAL AND NATIONAL LAW

Abstract

The article forms the understanding of the judge’s conscience in international and national law. During the judicial reform in Ukraine, considerable attention is paid to the legal status of the judge, his improvement. The legal status of a judge is a key basic factor in shaping the entire justice system. The person applying for the position of a judge is subject to quite high professional and moral and ethical requirements, there is a complex selection process, which includes various qualification stages. But this does not guarantee a significant authority of the judiciary in society. The world and national practice of forming a judicial corps shows the need to involve in the position of judge persons who have the trust of citizens, are endowed with high moral qualities and are able to legally and fairly resolve difficult life situations. The judge must be objective, impartial, impartial, independent, fair, qualified, honest and conscientious, etc. Some of these conditions have found their legislative expression and understanding, some – are evaluative in nature and their content is debatable. The conscience of a judge is an evaluative concept that is considered as a characteristic of a judge’s personality and personal moral qualities, as well as a characteristic of the quality of a judge’s performance of professional duties. At the same time, being an element of integrity, the judge’s conscience is considered as a category of judicial professional ethics. The requirement of conscience for a judge is provided for both at the international level and in national law. At the constitutional level, the integrity of a judge is enshrined, but both laws and bylaws of judge’s conscience can be considered as a basis for encouragement and legal liability.