The Problems of the Formation of the Judiciary in Modern Conditions

The formation of the judiciary is one of the most important issues for the judicial system. A professional and independent court ensures the effective functioning of the judicial system. Currently, there are no clear criteria for assessing corruption risks, primarily potential conflicts of interest, which become an obstacle to holding the position of a judge. The difficulty lies in the impossibility of legislatively enshrining an exhaustive list of circumstances that are corruption risks. Therefore, the development of the considered criteria of corruption risks is possible at the level of law enforcement practice.
In the article, taking into account the provisions of the current legislation, the experience of the bodies of the judicial community, the criteria for assessing a conflict of interest are proposed. These criteria are disclosed through family, corporate, material and other ties that may entail the emergence of personal and material interest in vesting a person with authority. It is substantiated that the reputational risks associated with the emergence of a conflict of interest are of an evaluative nature. Each situation of a conflict of interest is assessed based on the totality of all circumstances influencing the appointment of a candidate to the position of a judge. The necessity of optimizing the work of the bodies participating in the formation of the judicial corps is shown. Taking into account the practice of some regions, the necessity of organizing interdepartmental interaction is determined, which should help prevent the occurrence of conflicts of interest.