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MykhailoSAVCHYN,

Director of the Institute of Comparative Public Law and International Law of Uzhgorod National University, Doctor of Law Sciences, Professor

MORAL INTEGRITY OF JUDGES AS A COMPONENT

 OF THE RULE OF LAW

The article focuses attention on the fact that from a functional and structural point of view of the state of governance by law, the separation of powers through an independent court is ensured. Independence of the judiciary presupposes the qualitative composition of the judiciary, which would be capable of institutional and functional support for resistance and fair decision-making under conditions of pressure and confrontation.

The article reveals the essential content of the judge’s moral integrity in the context of the rule of law and guarantees of the independence of the court. The effect of this requirement is demonstrated through the selection of judges for positions, guarantees of their immunity and the requirement of justification of court decisions.

The article argues that in order to ensure the independence of judges, they are guaranteed immunity, which is at the border of arbitrary detention of judges and criminal prosecution without the permission of the High Council of Justice, in order to prevent the pressure of executive branch on the process of justice. The measures of lustration in Ukraine as a manifestation of transitional justice aimed at overcoming the negative consequences in violation of human rights for political convictions are analysed.

It is concluded that the judge’s moral integrity is expressed in the ability to make fair, rightful decisions even in spite of any external pressure. The moral integrity of a judge is the ability to judiciously and intelligently elucidate all the essential circumstances of the case, to properly combine the factual and legal composition, to give proper reasoning to decisions that must be based on respect for dignity and human rights. Based on the analysis of some court decisions, key factors that can be decisive in understanding the level of moral integrity of a judge when making a decision are demonstrated.

Key words: moral integrity, independence of judges, the rule of law, judicial immunity.

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