SOME ISSUES OF JUDGES DISCIPLINARY RESPONSIBILITY

Author(s): Tumanova L.V., Aleshukina S.A.

Rubric: Legal proceedings. Prosecutorial and human rights activities

DOI: 10.21777/2587-9472-2023-4-49-58

Release: 2023-4 (40)

Pages: 49-58

Keywords: responsibility of judges, disciplinary offence, principle of independence, early termination of the powers of a judge

Annotation: The article describes the issues of the need to maintain a balance between the operation of the principle of independence of judges and measures of disciplinary responsibility. Attention is paid to the need to clarify the terminology in relation to the responsibility of judges, since it is unique and due to the special status of a judge. An analysis of decisions to bring judges to disciplinary liability led to the conclusion that there is no negative impact of disciplinary liability of judges on their independence, in addition the transfer of powers from the judiciary to the bodies of the judicial community provides a basic guarantee against unjustified prosecution and respect for the principle of judicial independence. It is substantiated that not the responsibility itself, but the nature of the disciplinary offense may contradict the principle of the independence of judges. Positive dynamics in the development of legislation on disciplinary liability of judges is noted. The problem associated with determining the necessary qualities of a candidate for the position of a judge, when deciding on a recommendation as a guarantee against possible violations of the law and the Code of Judicial Ethics, is indicated.

Bibliography: Tumanova L.V., Aleshukina S.A. SOME ISSUES OF JUDGES DISCIPLINARY RESPONSIBILITY // Journal of Legal Sciences. – 2023. – № 4 (40). – С. 49-58. doi: 10.21777/2587-9472-2023-4-49-58