ON THE DETERMINATION OF THE ADMINISTRATIVE AND LEGAL STATUS OF ASSISTANT JUDGE

Abstract

Nearly 1,500 civil servants may lose their jobs as a result of judicial reform. Yes, some employees will be able to continue working in the court staff, but on a competitive basis. Assistant judges will not be elected through the competition. The judge submits the application for the appointment of an assistant independently. In connection with the reform of the judiciary, namely the change in the legal nature of the status of assistant judges, the issue of determining their administrative and legal status is quite acute, which requires further research. The purpose of the article is to reveal the concept of administrative and legal status of the assistant judge as a special legal component, which reveals the position of the assistant judge as a subject of administrative law. Realization of the set purpose provides the decision of a number of tasks: 1) disclosure of essence of a category of the administrative-legal status in the context of updating of the current legislation; 2) highlighting the features of the administrative and legal status of the assistant judge. Scientific novelty. The concept of administrative and legal status of an assistant judge as a special legal component, which reveals the position of an assistant judge as a subject of administrative law in the patronage service, after acquiring administrative legal personality to perform functions and tasks, administrative rights and obligations to ensure the rights, freedoms and legitimate interests of individuals, the provision of administrative services and the prevention of administrative offenses in the field of justice. In conclusion, the Law of Ukraine “On Civil Service” stipulates that an employee of the patronage service is appointed to a position for the term of office of the person whose employee of the patronage service he is appointed. The employment relationship with the employee of the patronage service is terminated on the day of termination of the powers of the person whose employee of the patronage service he is appointed. The act of dismissal is adopted by the head of the civil service. An employee of the patronage service may be prematurely dismissed on the initiative of the person to whom the employee of the patronage service he is appointed, or the head of the patronage service. Employees of the patronage service are subject to labor legislation, except for Art. 39-1, 41-43-1, 49-2 of the Labor Code of Ukraine. Peculiarities of the patronage service in courts, bodies and institutions of the justice system are determined by the legislation on the judiciary and the status of judges. Thus, the main feature of the administrative and legal status of the assistant judge is his transfer to the subjects of patronage, appointed by the judge to facilitate the administration of justice with the exercise of administrative powers to ensure the rights, freedoms and legitimate interests of persons, administrative services and prevention administrative offenses in the field of justice. The administrative and legal status of an assistant judge is a special legal component that reveals the position of an assistant judge as a subject of administrative law in the patronage service, after the assistant judge acquires administrative legal personality to perform his functions and tasks, administrative rights. and responsibilities to ensure the rights, freedoms and legitimate interests of individuals, the provision of administrative services and the prevention of administrative offenses in the field of justice.