КАДРОВА КРИЗА У СУДОВІЙ СИСТЕМІ УКРАЇНИ ПРИЧИНИ ТА ШЛЯХИ ВИРІШЕННЯ

The article analyzes the causes of the human resource crisis in the judicial system of modern Ukraine and identifies the ways to solve the problem. It is noted that in modern conditions, the activities of the judiciary and its effectiveness are a fundamental task for the sustainable democratic development of the state. The most important processes of state regulation are in constant interaction to a certain extent with the judicial corps. The objective of the judiciary is to administer justice. That is why every state in the world is trying to develop and adopt perfect laws, to establish effective work of the judicial corps, whose representatives will apply these laws. In the current realities, there is a critical shortage of judicial personnel, which leads to the fact that in some courts the administration of justice has completely ceased. The measures applied by the state in the last few years have not led to any improvement. Therefore, the problem of staffing the judiciary in modern realities is extremely relevant, but there are almost no discussions on this issue either in society or in academic circles. The main reasons for the human resource crisis in the judicial system of modern Ukraine are the complexity of the procedure for selecting judges and extremely high requirements for candidates; heavy workload, emotional stress and a high level of responsibility; the actual absence of independence guaranteed by the Constitution of Ukraine and other guarantees that should ensure a high social status of a judge. It is emphasized that the problem with the personnel of the judicial branch of power is of a threatening nature. Every citizen of Ukraine strives to live in a society where law and justice reign. It is the judicial branch of power that is intended to maintain legality and justice in a democratic state. After all, the task of the judiciary is to protect the legitimate rights and interests of all persons in the state without exception. The exclusivity of the judiciary lies in the fact that none of the state authorities can assume the competence of the courts, as well as in the fact that no decision made by a court can be changed or canceled by any state body. Despite the fact that the judiciary is independent, it must be limited by the legislative framework. The special role of the court in the mechanism of the state and the system of checks and balances is that only judicial authorities administer justice. At the same time, the court acts as a kind of opposition to the other two branches of government. It is important that the judicial branch, guided by the principle of equality of all citizens before the law, restrains other branches of government by exercising constitutional supervision. The reasons for the deepening human resource crisis in modern Ukraine are analyzed. Arguments are also given that indicate the need to solve the problem, because the personnel crisis leads to excessive workload on judges, which, in turn, does not contribute to citizens' proper access to justice and violates their right to a fair trial. Despite the nominal prestige, the holders of this profession constantly face pressure from representatives of other branches of government, business and ordinary citizens. High emotional stress due to the fear of making a mistake and losing one’s job does not add confidence in one’s actions, which complicates the fulfillment of the professional duty to adhere to the principle of impartiality. It is argued that a judge who, due to a shortage of personnel, must consider several dozen cases per day, who, due to the workload, cannot physically thoroughly understand all the cases under consideration, and who is constantly under pressure from participants, authorities, and society as a whole, is easy to manipulate. Such a judge is more likely to give in to the principles of justice than one who has time to study all the case materials and relevant case law and does not think about which of the participants in the proceedings may cause problems for the judge personally. Demanding high quality work from the courts, it is the state that must provide proper conditions for judges to fulfill their duties. The shortage of personnel in the judicial system of Ukraine requires an immediate solution. Reviewing staffing standards, implementing effective mechanisms for selecting and appointing judges with realistic requirements for their implementation, and changing the national narrative of “hatred for all judges” to “respect for all branches of government” are the key steps to ensure the proper functioning of the judiciary and the observance of citizens’ rights to timely and fair justice. Keywords: judiciary, judicial system, professional judges, justice, Ukraine.