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Ruslana ARLANOVA,

Leading researcher of the National School of Judges of Ukraine, graduate student of the Academy of Advocacy of Ukraine

FEATURES OF THE SERVANTS DISMISSAL FROM OFFICE, APPOINTED BY THE PRESIDENT OF UKRAINE

There are examined the question of dismissal in the criminal rule-making of Ukraine, as a west of criminal procedural compulsion in the article.

There are considered a question, or it is possible to lay on President of Ukraine such function that in criminal realization is judicial? Is there such procedure in case of realization of Ukraine of the plenary powers President?

Acceptance of operating Criminal Procedural Code of Ukraine (2012р.), in relation to the marked institute by appearance was accompanied in it new participants of criminal realization - President of Ukraine and Higher Qualifying Commission of judges of Ukraine. It is thus necessary to mark that scientists marked justly, that President of Ukraine “ can not replace a department” judicial.

Also in the article analysed row of criteria offer by the European Court on Human Rights, on the basis of that determined, or executes a that or other organ judicial function.

In accordance with practice of the European Court on Human Rights the performer of judicial function can be not only a court but also parliament and administrative organs. European Court on Human Rights offered the row of criteria, on the basis of that determined, or executes a that or other organ judicial function.

So in a case “Savino and Others against Italy” certainly and such three criteria are applied: presence of the organized procedure; an organ that decides a dispute, so-called “complete jurisdiction”, has a presence; the obligatoryness of decision is for both parties of dispute (§74 Decisions from April, 28 in 2009).

In relation to the presence of the organized procedure. So by analogy, for the dismissal of judge the order of trial of corresponding business is well-regulated corresponding Regulation of The Higher Qualifying Commission of judges of Ukraine: set procedure of conducting of meeting, consideration of corresponding question; special procedure of decision-making about the dismissal of judge and other. Exactly it testifies to the presence of the organized procedure from consideration of dispute about the dismissal of judge.

Key words: dismissal, criminal rule-making, criminal-procedural compulsion.

References

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