Concept Paper
Pilot Court Administrator Certificate Program
Outline of the issue. The Constitution of Ukraine enshrines basic principles of separation of powers between the branches of triune system of state powers. The concept of justice which lays the foundations of the Constitution determines the judicial power as not merely an instrument to resolve the disputes arising in the society but as an equal partner of the legislative and executive branches in regulating social processes. In a democratic rule of law state the court resolves practically all meaningful conflicts between persons in law. In the process of administering justice the courts resolve the controversies arising in the society, thus their activities have integrating and stabilizing importance.
Justice is the activities of judicial bodies in resolving conflicts of legal content. Principal function of the court is to dispense justice by professional judges –in a certain procedural form determined by the legislator. This process shall result in court decision which is brought forth in the name of Ukraine and restores rights and interests of a person who applied for legal protection of these rights.
The Law of Ukraine on the Judiciary and the Status of Judges determines the structure of court as a state authority. This complicated mechanism comprises, in addition to the judicial corps, the court staff headed by its chief and comprising the respective structural departments. In actuality their contribution in reaching the final aim – the citizens' exercise of their right to the judicial protection – is quite substantial.
Thus USAID Ukraine Rule of Law Project and Kharkiv city civil society organization "Institute for Applied Humanitarian Research" in the course of carrying out a study of the level of citizens' satisfaction with the quality of certain aspects of court functioning, the people's perception of the court staff performance was considered one of the most important aspects.
This indicator significantly influences general court performance evaluation. And efficient and expeditious dispensing of justice relies on appropriate level of administrative work in courts, that is court administration.
The adoption by the Verkhovna Rada of Ukraine on July 7, 2010 of the Law of Ukraine On the Judiciary and Status of Judges became the principal and key stage of the judicial reform in Ukraine. In order to protect rights, freedoms and lawful interests of a person and a citizen, rights and lawful interests of legal entities, state interests on the grounds of rule of law this Law had determined legal framework for the organization of the judiciary and dispensing justice in Ukraine. One of many important aspects became the determination of the status of court chief of staff who is personally responsible for proper organizational maintenance of court, judges and judicial process, functioning of the automated case assignment system.
Earlier most of these powers were vested with the chief judge. As the law requires quite high qualification standards for the chief judge position which is held by high class lawyers having a certain experience of judicial and managerial work.
After the enactment of the said law the judicial system faced certain problems characterized by the following controversies:
1. there is quite high responsibility level for the chief of staff, at the same time the Law does not have clear qualifications requirements to persons holding this position and does not provide for their training (professional development);
2. in practice it is proven that a contemporary court management specialist may possess a wide range of different knowledge, in particular in legal, finance, management field, as well as have practical experience on the peculiar features of court activities and automated case management system functioning organization, but Ukraine lacks an educational institutions to prepare qualified court management specialists who could take the lead of the court staff and organize efficient functioning of its structural divisions.
The Law of Ukraine On the Judiciary and the Status of Judges provides for the possibility to create within general jurisdiction court staff the departments, divisions exercising their functions on the basis of the provisions on the respective department or division as approved by the chief of staff of the respective court. There are positive developments and experience in this sphere which could undoubtedly have positive influence if implemented.
Conclusion: as for the moment the outlined problem is quite burning and requires urgent resolution which is the main reason for developing this program.
The purpose of the pilot court administrator certificate program is:
· organization of special training for court staff according to the "Court administration" program;
· increase of the professional level of court staff;
· implementation of new, modern training technologies;
· developing the e-learning course;
· rollout the program nationwide;
· to develop qualification requirements for court administrator;
Based on the results of the project implementation it is planned to develop the standards regarding the knowledge and skill level and professional requirements for court chief of staff and their deputies. Also the pilot project would allow to approve optimal typical learning plan, determine budget needs and in future lay the basis of a certified learning course granting a diploma.
Principal tasks of the project:
· organization of special training for court chiefs of staff, their deputies, chiefs of structural departments according to the "Court administration" program;
· increase of the professional knowledge and skills level for the lawyers who work in the court staff;
· increase of general court performance level;
· Principal directions of the project purpose and tasks implementation;
· Development of the curricula and course plan;
· Organization of studies at special training courses of the court staff employees of Kharkiv oblast courts.
Conditions of the project implementation:
Efficient implementation of the project shall be based not only on the development of theoretical study course but as well organization of the appropriate practical training of court staff according to the course program. The respective prerequisites are already created therefor.
Thus in 2011 Kharkiv Oblast Council approved the Concept of the "Court – ways to build confidence" pilot training and awareness project developed on the initiative and with the participation of Kharkiv circuit administrative court which has not only the experience of training and awareness activities in cooperation with education bodies leading higher education institutions, secondary education establishments of Kharkiv and Kharkiv Oblast, but also experience of operations with financial and analytical support of USAID Ukraine Fair Justice Project.
Course participants are selected by competition. The candidate is offered to fill in an approved application form, write an essay where he/she should disclose personal motivation for training and express the wishes with regard to its content. He/she has to comply with approved requirements regarding the judicial job record, basic education level, PC skills. After the Commission checks filled forms and candidate's compliance with the established requirements he/she shall pass an interview with the commission members based on the results of which the decision on his/her enrollment is taken.
Expected results:
· Creation of the training system for lawyers working in courts according to the "Court administration" program;
· Identification of the qualification requirements list for chiefs of court staff and their deputies;
· Successful students will receive the graduation certificates upon completion of the program
· Recommendation to SJA on making competition of such course mandatory requirement for chiefs of court staff and their deputies in the future.
· Engagement of e-learning for court administrators as part of the course plan
· Improvement of the case management quality in courts;
· Formation of positive image of the court system in general; improvement of the court activities evaluation, their role and social meaning for the people;
· Increase of the citizens' access to justice and provision of brand new level of their constitutional rights and freedoms protection.
· The person who successfully passed the training receives a certificate based on its results.
The project has the following partners and contractors:
· Main Department for Education and Science of Kharkiv Oblast State Administration – coordination work based on the project assignments;
· Kharkiv Continuous Education Academy public higher education establishment – development of training plans and programs of special courses according to the project;
· Yaroslav Mudry Law Academy of Ukraine National University – engaging qualified lecturers of the determined academic subjects;
· Kharkiv V. N. Karazin National University - engaging qualified lecturers of the determined academic subjects;
· Kharkiv circuit administrative court – providing the facilities for practical training of specialists.
· Ukrainian Association for Court Advancement - implementation of teaching the developed and approved distance learning course in online mode on the following topics: "Conflict management", "Employee rules of conduct", "Holding an interview".
It is also planned to engage State Judicial Administration of Ukraine and the Council of Judges of Ukraine to provide financial and organizational support and statutory and administrative establishment within the terms of reference stipulated by law.
The project is scheduled for: 2012-2013.
The implementation of the project provides the training for 40 court staff employees. It is also possible to train the persons on the staff reserve list for these positions if they wish to participate.
The study will be carried out on the basis of V.N. Karazin Kharkiv National University (Kharkiv, 6 Svobody Square). Practical training will be carried out in Kharkiv circuit administrative court located at the same address.
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