Problems of Defining the Concept of Incompatibility as a Requirement for Judges

Abstract

The relevance of the article lies in the need to eliminate the shortcomings of the legislative regulation of the concept of incompatibility as a requirement for judges. The object of research of this article was the social legal relations related to the determination of the legal status of judges in Ukraine. Both general scientific and legal research methods were used in the research. The article analyzes the concept of incompatibility in terms of modern legal doctrine, its definition in national and international law. The authors came to the conclusion that the combination is possible only by the judge's active behavior. In this case, the requirement of incompatibility should be considered: in a broad sense, as a general standard for job criteria of a judge, which is determined by the constitutional principle of exercising state power in Ukraine on the basis of its division into legislative, executive and judicial (Article 6 of the Constitution); in the narrow sense, as a ban on the simultaneous implementation along with judicial activities of other activities.