Karastelev, V.E. Problems of formation of the institution of representatives of the general public in the qualifi cation boards of judges in Russia

Abstract: The author studies the institution of representative of general public in the qualification boards of judges (QBJ) in Russia. Throughout the period of its existence this institution did not mange to become the platform for the civil participation and the instrument for the protection of the rights of citizens, it just became an imitating substitute. What is the real situation, and how may the imitation problem be solved? This article attempts to provide the answers to these questions. Reorganization of the institution of the representative of the general public in the QBJ mostly involves the normative approach, when the object of amendment involves legal norms. However, this approach can hardly be expected to cardinally change the existing negative practice. The author used sociological approach for gaining data, normative method for analysis of legal acts and actor method for development of the criteria for the civil participation. The institution of the representative of the general public in the QBJ is hardly sufficiently studied. The article provides the data on cadres and legal fundamentals for the work in the dynamics from 2010 to 2014. The said institution is public based upon its functions and it serves as an instrument of public (civil) control. In fact, it is a closed, non-public, and non-influential actor in the judicial community. The goals of expressing the interests of the judges prevail over the expression of interests of the people. The implemented policy involves working with “convenient” organizations, mostly, higher education institutions and businesses, and not the real civil organizations, which was facilitated by the broad interpretation of the term “representative of the general public” and the existing practice. And due attention to the significant changes in the list of cadres for the candidates is necessary for the change. The author offers the criteria for the choice of the representatives of the general public. Since participation of the representatives in the QBJ is one of the types of public control, by supporting rotation of cadres from civil NGOs cultivating such practice, it may be possible to solve the problem of simulation of the civil participation in the activities of the judicial community.

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