Դատավորների Գործունեության Անհատական Գնահատման Նպատակն Ու Հետեվանքները / the Purpose and Consequances of Individual Assessment of Judges Performance

Abstract

One of the most important questions for the normal and effective functioning of the judiciary is related to the institution of evaluating the individual performance of judges. The latter, in turn, is directly related to the two most important principles-requirements: on the one hand, protection of the independence of judges, and on the other hand, improvement of the quality of justice. Accordingly, in every system where the evaluation of the individual performance of judges is implemented, great attention should be paid in parallel to guaranteeing the independence of judges. Which is mainly related to the following important issues: evaluation criteria, periodicity of evaluation authority and impact of evaluation consequences on the judge. The individual evaluation of judges is a new institution in the Republic of Armenia, which was newly regulated by the 2018 "Judicial Code" Constitutional Law and has been put into practice only since 2020, after the formation of the competent body that carries out the evaluation. The purpose of this article is to study the goals, methods and criteria of the individual evaluation of judges' activities, as well as its operational significance, in the context of a comparative analysis of accepted international standards and the domestic legislative regulations of the Republic of Armenia. On the basis of which it will be possible to highlight possible problematic regulations of domestic legislation and challenges of practice, which are able to create obstacles for the independence of judges on the one hand, and reduce the effectiveness of evaluation on the other hand.