PROCEDURE FOR APPOINTMENT OF MAGISTRATES TO A POST - A PHANTOM GUARANTEE OF INDEPENDENCE OF THE JUDGE (BY THE EXAMPLE OF UDMURTIA)

Abstract

The article gives a legal analysis of the procedure for the formation of the justice of the peace in the Udmurt Republic. On the basis of a systemic interpretation of the provisions of the Constitution of the Russian Federation, federal legislation and regulatory legal acts of the Udmurt Republic, two stages have been singled out: the selection and appointment of magistrates to a post. From the position of the constitutional principle of unity of the status of judges in the Russian Federation, a conclusion is drawn on the operation of a single procedure for the selection and appointment of candidates to the post of a judge. Regions are competent only in the choice of the way of forming the justice of the peace: to appoint or to select, and also in the matter of organizational support of the activity of magistrates. The necessity of adjusting the regional legislation has been determined, since the current mechanism for granting the status of a magistrate in the Udmurt Republic does not meet the guarantee of the independence of the judge in the administration of justice.