_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
As opposed to the judge, courtroom secretary, court bailiffs service the position of judge assistant isn’t provided in the Code of Administrative Proceedings of Ukraine. All because the judge assistant is not directly involved in the case consideration. However, the judge assistant plays an important role in the administration of justice.
It’s well known that the courts on behalf of the state of Ukraine exercise the protection of citizens' rights and their guarantees against any demands and violation. The judiciary is an independent sphere of public authority. Therefore, it should be noted that such activities, in particular the accessibility of the judiciary and the fair justice, are provided together with the judges and their assistants.
The Institute of judge assistant was introduced by the Law of Ukraine “On the Judicial System of Ukraine” back in 2002, however, it actually began to be introduced only in 2005.
The need for its introduction caused by judge’s workload, who have to be exempted from the routine technical work in the preparation and consideration of court cases.
The main task of the judge assistance is to prepare court cases for their consideration. The judge assistant of the court of appeal, having received the court cases, checks the compliance of the appeal with the requirements of the law, establishes whether there are obstacles for case consideration, whether such obstacles can be eliminated by the person who filed an appeal, or it should not be accepted. Also, the judge assistant studies the materials of court cases, establishes which provisions of law should be followed in during consideration, and studies the judicial practice of resolving such disputes.
The assistant informs the judge about the results of such work on preparing court cases for consideration, discusses problematic issues with the judge and makes suggestions on how to solve them. On behalf of the judge, the assistant prepares drafts of court decisions. If he finds that the materials which available in the case are not enough, prepares drafts’ requests for additional evidence.
For the purpose of high-quality fulfillment of assigned tasks, the judge assistant constantly monitors changes in legislation, judicial practice trends, and publications in the media on legal issues.
An important part of the judge’s assistant work is a control for keeping terms for case consideration and execution of procedural actions, as well as implementation of court orders on leaving an appeal without motion, request additional evidence, appointment of an examination, and such.
After cases consideration, the judge’s assistant prepares copies of the court decisions and ensures that they are sent to the persons who participated in the case timely.
The judge’s assistant work consists of closely cooperating with the courtroom secretary, he supervises and coordinates work of the secretary, helps in performing the assigned tasks. Also summarizes the work done by a small team: judge, judge’s assistant and courtroom secretary, compiles settle reports on the number of court cases that have been received, stage of their consideration and the results of the decision.
In addition, communicative skill isan important part of judge’s assistant effective work staying resistant to various types of stressful situations or the negative attitude of citizens, for whom often visiting the court is already a huge test.
At present, the scope of duties and rights of the judge’s assistant has greatly expanded, taking in account the historical changes in the law, the pace and specificity of the judge’s work. Now the judge’s assistant is not just a clerk who performs the monotonous, technical work of the judge, but also a highly qualified, legally familiar, selfless, persistent and, above all, practicing law worker. The list is not all. These are just the basic criteria.
The requirements for an judge’s assistant should be not just high, but superhigh. Indeed, in the future he will have the greatest reward among all professions and positions in the field of law - invaluable knowledge and experience transferred by the judge to his assistant. In the literal sense of these words, they can be regarded as an investment in the personal professional future of a lawyer.