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Tiesnešu ētika, kvalifikācija un atbildība Latvijā: kā neapstāties pie sasniegtā? 137

  • Autors:Valts Kalniņš, Iveta Kažoka, Gatis Litvins
  • Organizācija:PROVIDUS
  • Gads:2008
  • Valoda:latviešu

Šī pētījuma mērķis ir izvērtēt visus nozīmīgākos tiesneša kvalifikācijas un darba rezultātu vērtēšanas sistēmas, disciplināratbildības, kā arī ētikas infrastruktūras un tās darbības elementus.

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Šim vērtējumam par atskaites punktiem kalpo Latvijas un starptautiskajos tiesību aktos iekļautie principi, starptautisko juridiski nesaistošo dokumentu standarti un ārvalstu – galvenokārt Eiropas un Ziemeļamerikas – prakse. Pētījuma ietvaros ir analizēti Latvijas normatīvie akti (spēkā esošie, spēku zaudējušie, kuru principi aizvien ir ievēroti praksē, kā arī projekti) un iespēju robežās pētīta kvalifikācijas novērtēšanas, disciplināratbildības un ētikas jautājumu iztirzāšanas prakse. Līdztekus bija izvirzīts uzdevums maksimāli uzklausīt Latvijas tiesnešus, pievērst uzmanību viņu uzsvērtajām faktiskajām problēmām un iespējamajiem risinājumiem. Tāpēc diskusijas un intervijas ar tiesnešiem veido svarīgu šī pētījuma avotu daļu.

Autori uzskata, ka būtiskākie trūkumi Latvijā, kuri konstatējami pašreizējā tiesnešu novērtēšanas sistēmā, ir saistīti ar skaidra un visiem zināma regulējuma trūkumu, kā arī novērtēšanas neefektivitāti,– tā nenodrošina tiesneša darba rezultātu un kvalifikācijas patiesu noskaidrošanu. Novērtējums ir pārāk vispārīgs un subjektīvs, turklāt, tas nenodrošina vienu no novērtēšanas mērķiem – nodrošināt aktīvu atgriezenisko saiti starp tiesnesi un vērtētāju, proti, sniegt tiesnesim iespēju, vadoties no novērtēšanas rezultātiem, papildus mācīties un celt savu kvalifikāciju.

pdf Tiesnešu ētika, kvalifikācija un atbildība Latvijā: kā neapstāties pie sasniegtā? (2.03 MB)

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