Article | On Issue of Disciplinary Responsibility of Judges |
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Authors | LIUDMYLA SKOMOROKHA |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 12 / 2022 |
Pages | 98 - 108 |
Annotation | The article examines the issue of the procedure for bringing a judge to disciplinary responsibility, and focuses on the issue of refusal to open a disciplinary proceeding against a judge. The appropriateness of improving disciplinary procedures for judges is noted. One of the problems faced by the judiciary is emphasized, which is the need to restore the trust of citizens and society in the judiciary so that every person shows respect to a judge. One of the signs of a democratic society is the presence of an independent judicial branch of government in the state. Since the declaration of Ukraine’s independence, the judiciary has been subjected to destructive criticism, both from the state authorities and from ordinary citizens. It is necessary that the judiciary itself aspire to the “purity” of its ranks. The purpose of the article is to explain current issues of disciplinary responsibility of judges; comparative research of national legislation and foreign practice of the procedure and grounds for bringing judges to disciplinary responsibility; emphasize that judges should maintain the high standards of behavior in order to increase public trust in each specific judge and the judiciary in general. The author concludes that it is necessary to make legislative changes aimed at improving national disciplinary procedures for judges. The issue of increasing trust in each judge and the judicial branch in general is urgent. A judge, carrying out state activities, is the representative of the judiciary, his work is associated with high psychological stress, especially today. In addition, it is advisable to pay special attention to the issue of improving the procedures for filing complaints against judges, in particular, developing ways to reduce the number of complaints that are obviously intended to harm the judge personally and do not contain information about a disciplinary offense.
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Keywords | judicial authority; judge; disciplinary responsibility of judges; disciplinary complaint against a judge; judicial independence |
References | Bibliography Journal articles 1. Paliukh L, ‘Problemy rehlamentatsii oznak ob’iektyvnoi storony skladu zlochynu “vtruchannia v diialnist sudovykh orhaniv”’ (2020) 5 Pidpryiemstvo, hospodarstvo i pravo 265. 2. Vinokurova L, ‘Sudova systema v Ukraini: neobkhidnist reformuvannia’ (2007) 32 Aktualni problemy polityky. Zbirnyk naukovykh prats 111–9.
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