We have no instruments of influence on court because it is one of state power branches. It appointed and it is necessary to reckon with it. But as far as it is independent? The state defines as far as judges can be independent. The state shows care of "a separate branch of the power".
To judges wages raise, the status strengthen, it is material - technical providing improve, new buildings build. We after all remember courts in 90-x years when rats, size from a pit bull terrier, ran on conference halls. It was the shame. Today it is material - technical providing though slowly, but improves. Staff is completed, at last - that, in vessels, wages raise, even apartments and the earth under building give. But further - that that?
By definition, judicial authority has to be independent owing to the Constitution and laws which work in our country. Actually courts are guided by laws which are adopted by legislature, and appointment to a judicial position depends on the president and the representative of executive power. Leaves: anyway, judicial authority depends both on that, and on another power branches.
Other question that judicial authority special because has opportunity to influence other branches of the power. Judgments can concern both legislators, and laws which are adopted. The constitutional court often considers constitutionality of these or those acts. When the high-ranking official, a special role of judicial authority where is made responsible as is obvious. Society watches as far as at this judge will have the heart to raise a hand on sacred, that is against that person who was yesterday a minister, or on that person who is considered the oligarch. Whether the judge will be able to raise a hand against the law which was founded, with a pomp is proclaimed, and today is declared by the unconstitutional? The close attention of society and expectation of is explained by it that the constitutional principle about equality of all before the law really works. And when it doesn't occur, the belief in fair justice is undermined on a root.
Remembering bible history people circulation within 40 years on the desert, it is necessary to understand that the independent judicial system can be created only when we will grow up new generation of judges. Not to make it in 15 years of independence of the state. It is necessary to learn the student - the jurist. The age qualification for the judge at us 25 years. Means, he has to be learned, gain experience and to become the professional.
How the judicial case is formed at us? In recent years any lawyer in the judge didn't accept. Speak, there is a secret ban - not to accept lawyers. It occurs because the judicial case is completed, generally with natives of law enforcement agencies. Usual picture: the lawyer - the university graduate couldn't become a lawyer. It couldn't settle in good business - structure. It went to work there where take all graduates of faculty of law where constant routine of shots - in militia. And God grant, that in investigative division. Having reached 25 - summer age, he decides to become a judge. Goes and gets a job in court, starting embodying that the worst that it gathered earlier. In practice the belief in the law not always becomes stronger. On the contrary, in militia the senior colleagues prompt as fast "to sew up business" as to re-sign the protocol etc.
How to form the case of independent judges? In - the first to give the chance to lawyers to become judges as lawyers understand that costed by practical and legal bread. All world experience of civilized countries speaks about it: in America, in England, in France, the first place of work of the graduate - the lawyer - legal profession. Why? Because it is the most difficult site. To learn to protect people - here the basic principle. Having learned it, the lawyer is capable to manage justice itself also. It is necessary to stop practice when from investigators or accusers pass in the judge. The prosecutor and the investigator are trained in one: to accuse. And to become the judge, they have to see and other party. Post-Soviet system when on one party of a barricade there are a prosecutor and the judge, and on another - the lawyer, it is necessary to eradicate.
Let's remember Socrates. He considered that the judge possesses four qualities: it is courteous to listen, politely listening, размыслив soberly, most impartially to solve.
It is necessary to win against any pressure upon the judge. No matter, from whom it goes - from the participant of process, third-party people or from relatives. Today the main sources of pressure is a crime, business and the state.In other words, on - former the telephone right, the "envelope" right or primitive stupid blackmail and threats work. All these three factors make catastrophic impact on independence of court. And the judge in a similar situation has to understand that to protect him from similar pressure - a problem of the state. He has to feel protected from any outside influence. But today this system doesn't work though legally exists. Technically everything is clear as it has to be carried out. But the mechanism doesn't work owing to what not each judge of it wants. However it not always wine of judges, are trouble of judicial system.
The judge has to be brought so up that each call "from above", each "forgotten" envelope on a table were a subject of office trial. And he would be the initiator of this trial. There is in the American system a registry of visits and calls in court. It is necessary to get such magazines and at us. It isn't necessary to put a video camera in the consultative room. It can be put in a corridor and in a hall of a court session that it was clear who comes to the judge. It is also necessary to fix any address to the judge outside trial. Such measures will be able to protect the judge and to help him with objective conducting process.
Independence of the judge begins with that anybody and never can displace him in any occasion. But there is the highest qualification commission of judges which considers questions of judicial ethics or violation of the oath. It is necessary to improve work of the highest qualification commissions where judges consider case of the specific colleague and in the closed community make the decision. The judge has to be sure that his business doesn't become property of the public, mass media until will prove his fault. The judge has to understand that the law protects him.
The special attention is demanded by the relation of judges with journalists. There is an opinion that journalists interfere with justice process, putting pressure upon court the publications. But of the European Court of Human Rights are sure that courts don't exist in vacuum, and are part of public and state life. Therefore journalists are obliged to cover each trial. The Ukrainian Themis has to understand that the journalist is a friend, the colleague who will help to be protected to the honest judge if that tries to resist to pressure.