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4THE IMPORTANCE OF PSYCHOLOGICAL SERVICE ACTIVITY IN THE COURT SYSTEM
Mahmudova Hulkar Tilabovna
Docent of the Department of Professional Skills of the Higher School of Judges under the Supreme Council of Judges of the Republic of Uzbekistan https://doi.org/10.5281/zenodo.7698891
Abstract. The article discusses a deep and comprehensive study of the psychological characteristics of a candidate for the position of judge. In order to ensure such effective functioning, psychological requirements and current issues of psychological service were considered. Also, theoretical information on this topic was analyzed.
Keywords: psychological state, mental processes, emotional states, candidate, judge,
lawyer.
As it is known, the problem of psychological selection of different occupations has always been of interest to labor psychology, engineering psychology and ergonomics. The following authors have conducted various studies on this problem: V. A. Bodrov, Yu. N. Egorov, G. M. Zarakovsky, R. N. Korobov, B. F. Lomov, V. L. Marishchuk, G. S. Nikiforov, V. A. Ponomarenko, K. K. Platonov, V. A. Pukhov. But despite the sufficient level of scientific knowledge and practical research, the problem of studying the personality characteristics of candidates cannot be considered solved in relation to a number of professions. One of them is the professional activity of judges [2, 3].
The work of a judge places high demands not only on his professional skills and knowledge, but also on the personality of the employee. First, the professional activity of a judge is related to the implementation of law enforcement functions on behalf of the state, and secondly, judges ensure the protection of social guarantees and rights of citizens and the entire society [4].
The professional activity of a judge is characterized by the multifaceted and heuristic content of judicial tasks to be solved, variability and non-standard situations in the context of time constraints. Also, it is distinguished by such characteristics as communicative relations with a large number of individual character, a clear organizational direction of high responsibility and social importance, and the implementation of educational functions. This increases the requirements for his professional qualifications, social maturity, responsibility, organizational, communicative, moral, emotional and volitional qualities, as well as psychological personal characteristics that describe his intellectual abilities.
The profession of a judge is one of the most difficult legal professions. This is related to the need to make important and responsible decisions, determine the fate of other people, their guilt or innocence in committing a crime. Therefore, the judge should have high responsibility for his behavior and actions.
The experience of the judicial system in the developed countries of the West shows that their success is largely due to the establishment of a highly developed psychological support system. Hundreds of psychologists are trained annually in universities in the field of legal/law psychology and forensic psychology. These psychologists are educated through specialized university training programs focused on providing specialized legal assistance and systematic psychological assistance.
Such psychological support included the implementation of a number of functions, including:
- the most important information and analytical works;
- forensic psychological expertise;
- advice on psychological problems of judges and court employees;
- psychological correction of behavior (preventing situations of stress, frustration);
- psychological certification of candidates and employees;
- includes tasks such as participation in the implementation of public relations.
An important field of psychological service activity in the judicial system is participation in events held for the purpose of personnel selection.
Until now, in our republic, candidates for judges have not been examined in order to select them from a psychological point of view and to appoint them to the position in accordance with the requirements of the judicial profession. The candidate's individual and psychological characteristics as a decision-maker have been neglected.
Currently, it is noted in the decree of the President of the Republic of Uzbekistan No. PF-6727 of 07.12.2020 "Measures to ensure the true independence of judges and increase the effectiveness of preventing corruption in the judicial system". As part of the implementation of this decree, the Supreme Council of Judges has introduced an electronic program that helps assess the psychological portrait of candidates and judges for the profession. In this case, the results of the psychological test of candidates for the position of judge will undoubtedly have a significant positive effect and reduce the level of errors.
Conducting a psychological test of employees is an assessment of their individual-psychological characteristics in accordance with established standard requirements, that is, determination, pressure, resistance to stress, lack of corruption, alcoholism and other psychological characteristics. As one of the stages of this process, selection and appointment of judges can be carried out. In this case, the psychologist presents his opinion to the Supreme Council of Judges before deciding on the appointment of a judge or when studying the mental and psychological conditions of employees (when re-appointing judges for the term of office), which is used as an additional tool for objective analysis of the personality of judges.
The result of psychological testing of judges is the creation of a professionogram (and a psychogram, as a component of it). It includes a systematic and psychological analysis of the activity of judges, a description of the general characteristics of this profession, the identification of the main factors of professional fitness and the determination of the relevant social and psychological qualities of a person, the psychological structure of a person and important professional qualities of a judge. They can include:
- development of legal consciousness;
- cognitive activity;
- productivity of mind;
- communicative competence of the judge;
- organizational and management qualities;
- mental stability.
From a scientific point of view, the professional profile makes a significant contribution to the objective assessment of the compliance with the professional requirements imposed on judges. The number of professionally necessary qualities should include not only the level of legal
knowledge of a candidate for the position of a judge, but also a number of psychological characteristics, personal characteristics, without assessing which it is impossible to predict the professional success of his further work.
D.E. Zaykov identified 5 main factors of professional suitability, including a set of psychological qualities corresponding to them [5].
The first factor - high level of social (professional) adaptation. This factor is related to the normative behavior of a lawyer in any, including complex, extreme conditions of professional activity.
The second factor - mental (emotional) stability of a lawyer. This factor implies the following:
- resistance to stress;
- a high level of self-control over emotions and behavior;
- work in stressful situations;
- plasticity of nervous processes, which allows to maintain performance at the official level in the state of fatigue;
- the ability to adequately react to various events.
The thirdfactor - high level of intellectual development of a lawyer, cognitive (knowledge) activity.
The fourth factor - it is a lawyer's communicative competence. Communicative competence includes the following personal characteristics: the ability to establish emotional connections with different participants of communication, within the necessary limits, to establish trusting relationships with him, to understand.
The fifth factor - organizational skills. They allow the lawyer, regardless of the type of professional activity, to exert control over the various people with whom he has to communicate in the course of professional communication.
The analysis of the list of important professional qualities of a judge made it possible to compile a list of qualities that a person should have when holding the position of a judge. The data are presented in Table 1.
Table 1
Important professional qualities of a judge
1. Features of mental processes • Mobility of mental processes; • Developed working memory; • Selectivity of attention; • Purposeful perception (observation); • Effective and flexible thinking; • Development of spatial imagination; • High level of intellectual development;
2. Cognitive traits • Broad outlook; • Highlight, compare, summarize and classification; • Ability to resist group influence;
3. Volitional adjectives • Ability to resolve conflicts constructively; • Applying the method of using verbal and nonverbal means of communication;
4. Communicative qualities • Speech literacy; • Ability to cooperate; • Adequate self-assessment; • Be friendly to people.
5. Neuropsychological processes • Resistance to stress; • High level of self-control over emotions and stable behavior; • Initiative; • Expediency;
6. Organizational skills • Courage; • Persistence; • A sense of responsibility for one's actions and deeds. • High level of legal awareness;
7. Moral qualities • Honesty; • Compassion; • Discipline; • Fairness.
The content of the judge's work, the intense nature and working conditions place high demands on his ability to work, self-regulation of his mental state, that is, his resistance to stress. Taking this into account, it is necessary to distinguish a number of psychological factors that influence decision-making. These include [6]:
- ability to collect, analyze and evaluate important information of legal significance;
- the ability to protect oneself from the influence (suggestive) of preliminary investigative information, which leads to the emergence of a mental attitude;
- the ability to distinguish the development of speech analysis - significance, facts from emotional and evaluative attitude towards them;
- resistance to various emotional-speech tools, pathetic appeals and sentimental evaluations;
- various mental states: doubt, hesitation, anxiety, fatigue, mental tension (stress), significant weakening of professionally important abilities and cognitive activity;
- the possibility of psychosomatic diseases related to professional activity.
Taking into account the above points, it is worth noting that the organization of psychological services in the legal system allows every employee of the court, when necessary, to undergo a psychological examination using psychodiagnostic methods, an individual interview with a psychologist, psychological training and other forms of psychocorrection.
In addition, the use of achievements in the field of psychology during the professional selection of judicial candidates allows not only to identify the most suitable persons for the administration of justice, but also to protect the society from the negative consequences of professional incompetence that does not meet the requirements of the judicial profession.
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