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MykhailoSMOKOVYCH,

Chairman, the Administrative Court of Cassation within the Supreme Court, Honored Lawyer of Ukraine, Doctor of Law Sciences

JUDGE’S INDEPENDENCE AS AN ASPECT OF THE RULE OF LAW

The article is devoted to the analysis of the legal and regulatory framework for the independence of the judiciary in Ukraine. The prerequisites for ensuring the independence of the court from the point of view of the existence of political will, the practical observance by the judges of standards of judicial ethics, as well as in relation to their disciplinary responsibility are considered. It is proved that the independence of the judiciary is a prerequisite for the realization of the human right to justice and the rule of law.

The legal acts adopted in the framework of the judicial reform of 2016, in compliance with Article 6, paragraph 1, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the conclusion of the ECHR, which was made concerning the powers and actions of the High Council of Justice of Ukraine, based on The Law of Ukraine “On the Judiciary and the Status of Judges” in the wording of July 7, 2010 and the Law of Ukraine “On the High Council of Justice” dated January 15, 1998. It is concluded that some progress has been made in ensuring the independence of judges, however, legal mechanisms are proposed, the introduction of which, in the opinion of the author, will reduce the possibilities for interference with judicial independence.

In the article, the author proposes to finalize the powers of the bodies that open disciplinary proceedings against the judge, with the authorities conducting a disciplinary investigation and bringing to disciplinary responsibility. To resolve conflicts of interest, it is proposed to establish a body whose competence includes the consideration of complaints against those judges who are authorized to consider cases concerning appeals against decisions of disciplinary authorities. Ensure adequate judicial protection of judges from the arbitrariness of bodies that consider the issue of bringing them to disciplinary responsibility.

Key words: judge, independence, disciplinary liability, rule of law.

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