Interpretation of the Evaluative Concept of “Integrity” as a Part of Judge Selection and Qualification Evaluation Practice

Abstract

Analyzing the latest scientific and practical studies, the authors examine the interpretation of the evaluative concept of “integrity” in the judge selection and qualification assessment practice. The authors emphasize that the absence of a legislative definition of the evaluative term “integrity” in the selection and qualification assessment practice does not mean that it does not meet the requirements of legal certainty. Both legislators and judiciary bodies as well as court practice, build this concept. Numerous issues of its interpretation remain unresolved, which in some cases may indicate that the legal assessment of an applicant for a juridical vacancy or a judge during the relevant procedures is unclear and unpredictable. Approval of the united criteria of “integrity” definition will help to unify the practice of applicant selection for a juridical vacancy and make the application of this evaluative concept more understandable and transparent. The authors emphasize that only the approval of the united criteria of the “integrity” evaluative concept definition will not solve all the problems with its explicit application. To unify this practice, hundreds of practical questions of judges/applicants for juridical vacancies must get approved answers. Therefore, the High Council of Justice of Ukraine must provide answers to very specific questions regarding the term “integrity” and publish them in a handbook.