SOME ASPECTS OF INFORMAL INFLUENCE ON THE APPOINTMENT AND PROMOTION OF JUDGES: THE EXAMPLE OF KAZAKHSTAN AND GERMANY

«Informal aspects», «informal practices», as a rule, apply to those spheres of social relations that are not regulated by legal prescriptions and, accordingly, do not know legislative procedures. However, the role and influence of informal practices are tangible in many countries. Informal institutions, practices and beliefs are often less visible or even invisible in social interactions. Moreover, it is more difficult to change informal practices than formal rules, as informal institutions lie in the invisible nature of beliefs and social behaviors that operate outside formal rules. It is the informal aspects of the negative content present in society that hinder the expected social changes and the effectiveness of ongoing state legal reforms. Moreover, it is the ignorance or neglect of the informal aspects that blocks the necessary implementation of formal practices and procedures. In this context, it is relevant today to analyze the impact of informal practices and institutions on the judicial system, in particular, on the selection and appointment of judges. The authors of the article analyze the content and activities of informal institutions that are not formally involved in the structure of the judiciary, but at the same time have an impact on the recruitment of judges. Although the degree of influence of these informal institutions may vary from country to country, the authors follow the conclusions of previous researchers on the role of informal practices and procedures. In particular, they develop the idea that simplification of objective reality in the life of society to formal institutions and change only the legislative regulation of social relations cannot quickly change the legal situation and the behavior of certain subjects.