| Article title |
The Liability of Judges as an Element of the Rule of Law
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| Authors |
Ovcharenko O.
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| Name of magazine |
Legal journal «Law of Ukraine» (Ukrainian version)
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| Issue |
4/2014
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Сторінки
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[212-219]
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| Annotation |
The article provides a reconciliation of the principle of judicial independence and judicial liability requirements. It is proved that the balance of these principles ensures effective implementation of the rule of law in the national legal system. Arguments in favor of the fact that the institution of judicial responsibility, if it functions efficiently and effectively, is able to enhance the credibility of the justice system in the state and is a prerequisite for public trust in the judiciary and the legitimation of law in general. The author assumes that the involvement of judges to legal liability should be based on the principle of non-absolute procedural fairness. This involves the establishment of adequate procedural safeguards in the event of bringing judges liability.
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| Keywords |
rule of law, legal responsibility, the liability of judges, non-absolute procedural fairness, independence of the judiciary. |
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References
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