PDF

Pavlo LITSIUK,

lawyer, member of the High Qualification Commission of Judges of Ukraine, Honored Lawyer of Ukraine, Candidate of Law Sciences

SOME PROBLEM QUESTIONS OF DISCIPLINARY RESPONSIBILITY OF JUDGES

The article is sanctified to the questions of perfection of the legal adjusting of bringing in of judges to disciplinary responsibility, that is the mortgage of functioning of the effective and just judicial system.

Author marked that the gradation of disciplinary penalties, entered in new Law of Ukraine «On the judicial system and status of judges», allows to take into account a measure and degree of weight of perfect breach of discipline, and from here – to guarantee legality and observance of human rights at the decision of question about bringing in of judge to disciplinary responsibility.

The author proposed to divide the qualifying and disciplinary functions of High council of justice, as on this time this organ decides both the question of setting of judges and question about bringing in of them to disciplinary responsibility. Such plenary powers it follows to attribute to the competence of different judicial government bodies, to prevent the excessive concentration of plenary powers at Higher advice of justice (what, except it, yet and decides a question about dismissing of judges, about granting permission on detention and arrest of judges, their dismissal).

The function of disciplinary production it was possible to provide with the specially created Court of judge Honour, that must be completed from judges in retirement with experience of work in position 20 not less than (with the possible plugging in his rows of several of representatives of advocate and other legal professions). These representatives must have 20 not less than professional experience of advocate or scientist and elected exceptionally by convention of professional association.

The questions of liberation of judge from position it must decide the accrued Supreme Court, and Large Chamber of Supreme Court must come forward as an appellate organ. Such approach will answer the conclusion of Consultative advice of European judges at Counsil Comette Of Europe No 3 from 2002, in accordance with that the mechanisms related to the disciplinary production in every country must be adjusted in a method that will be able to envisage possibility of appeal of decision of the first disciplinary instance in a court regardless of, or there is she by a management organ, tribunal or court.

Offer innovations (in particular in relation to the functions of Large Chamber of Supreme Court) must be envisaged both in Constitution of Ukraine and in a profile legislation.

Key words: disciplinary responsible judges, disciplinary production, breach of discipline of judge, disciplinary penalty, Higher advice of justice.

References

On the Judiciary and the Status of Judges: Law of Ukraine of June 2, 2016 No. 1402-VIII, ed. from 05.01.2017. Information of the Verkhovna Rada of Ukraine. 2016. No 31. St.545. URL: http://zakon0.rada.gov.ua/laws/show/1402-19. [ukr.]

Shevchenko A. V . Disciplinary responsibility of judges of Ukraine: author's ref. dis. ... cand. Law sciences. Science: 12.00.10. K., 2013. 19 p. [ukr.]

Ovcharenko O. M.  Legal responsibility of a judge: theoretical and applied research: monograph. Kharkiv: Pravo, 2014. 576 p. [ukr.]

Marochkin I. E. Bodies that ensure the formation of the judiciary. Problems of legality. 2012. No 20. S. 241–246. [ukr.]

International standards in the field of ethics and conduct of judges: Coll. dock. / incl. A. G.  Alekseev. K. Polygraph-Express, 2008. 184 p. [ukr.]