EFFECT OF THE PRINCIPLE OF PROPORTIONALITY IN DECIDING WHETHER TO DISMISS FROM POSITION OF JUDGE
UDC 347.962.6
ORCID: 0000-0002-4627-1514
DOI 10.37566/2707-6849-2019-3(28)-4
YAVORSKA Olga,
Senior Researcher at the National School of Judges of Ukraine,
Candidate of Law
EFFECT OF THE PRINCIPLE OF PROPORTIONALITY IN DECIDING WHETHER TO DISMISS FROM POSITION OF JUDGE
The article deals with violations, which are often grounds for bringing disciplinary liability of judges, as well as the enforcement of them in the form of a petition for the dismissal from position of judge.
A special place in the system of legal responsibility of a judge is taken by the institute of disciplinary responsibility, the essence of which lies in the possibility of applying by a specially authorized body to an individual bearer of judicial power - judges of legal sanctions, directly provided by law, for violations in the sphere of professional activity. The institute of disciplinary responsibility is considered, the purpose of which is to solve social problems in the interests of implementing and maintaining the necessary level of efficiency of the system of judicial protection as a necessary guarantee of the protection of rights, interests and freedoms of people. The analysis of grounds for disciplinary liability of a judge and types of disciplinary punishment has been carried out. The obligatory signs of disciplinary violations that are the cause of prosecution are analyzed. It is considered about the application of the principle of proportionality to disciplinary authorities in determining the type of collection. The practice of applying the principle of proportionality of disciplinary organs in case of imposition of penalties and violation of the question of ambiguity of such practice is analyzed. The article states that with qualitatively similar offenses committed by different judges, the disciplinary bodies chose one type of collection, but in different proportions. The method of determining the principle of proportionality in differentiating the choice of terms in this type of collection for actually such mistakes seems unclear. Moreover, the use of the same principle in choosing different types of charges for virtually identical disciplinary offenses is unclear, in particular, when the repeat offense is a feature.
Key words: disciplinary responsibility of a judge, principle of proportionality, disciplinary offenses, penalties, dismissal from position of judge.
References
Khotynska-Nor O. Disciplinary Responsibility vs Judge Independence: In Search of Balance. Law of Ukraine. 2018. № 3. P. 110–122 [Ukr.].
Ovcharenko OM Legal responsibility of the judge: theoretical and applied research: monograph. Kharkiv: Law, 2014. 576 p. [Ukr.].
Parishkur VV Legal regulation of the legal responsibility of a judge in Ukraine and the Member States of the European Union: theoretical and practical aspects: monograph. Kiev: View. Helvetika House, 2017. 204 p. [Ukr.].
AV Shevchenko Disciplinary responsibility of judges of Ukraine: monograph / ed. prof. MA Pogoretsky. Kyiv: VD "Dokor", 2014. 260 p. [Ukr.].
On the High Council of Justice: Law of December 21, 2016 No. 1798-VIII / Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/1798-19 [Ukr.].
Experience of the High Judicial Council in the field of disciplinary practice. URL: http://www.vru.gov.ua/news/4742 [Ukr.].
On the Judiciary and Status of Judges: Law of 14.06.2016 No. 1402-VIII / Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: http://zakon.rada.gov.ua/laws/show/1402-19 [Ukr.].
The High Judicial Council's disciplinary practice regarding judges. URL: http://prav.org.ua/img/books/files/1531838958practice.pdf [Ukr.].
The Constitution of Ukraine of 28 June 1996 ed. from 09/30/2016. URL: http://zakon.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1%80 [Ukr.].
VA Kroytor Features of manifestation of the principle of proportionality in civil proceedings. Comparative-analytical law. 2018. № 1. P. 96–98 [Ukr.].
Fufalko TM The concept and content of the principle of proportionality, its manifestation in the basic legal forms of state activity. Scientific Bulletin of the Lviv State University of Internal Affairs. 2011. № 2. P. 65–73 [Ukr.].
Decision of the Third Disciplinary Chamber of the High Council of Justice of January 24, 2018 No. 148 / 3dp / 15-18. URL: http://www.vru.gov.ua/content/act/148_24.01_.2018_.docx [Ukr.].
Decision of the First Disciplinary Chamber of the High Council of Justice of 14 September 2018 No. 2909 / 1dp / 15-18. URL: http://www.vru.gov.ua/content/act/3715_04.12_.2018_.docx [Ukr.].
Decision of the High Council of Justice of May 10, 2018 No. 1362/0 / 15-18. URL: http://www.vru.gov.ua/add_text/323 [Ukr.].
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