| Article | Realisation of Principles of Status of Judges in the Framework of a New Judicial Reform Stage |
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| Authors | Gorodovenko V. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 1 / 2015 |
| Pages | 131 - 142 |
| Annotation | This article analyzes theoretical background for reforming the status of a judge in current situation. The final aim thereof is formation of a highly professional judicial body, known for integrity and accountability to the civil society. Further transformation of the legal status of judges should be provided according to such principles as independence of judges, their responsibility and accountability to the civil society as well as professional skills. Independence of judges implies freedom of the impartial consideration of cases according to the legislation and freedom in assessing facts of a case. Procedural guarantees of the independence of a judge comprise the right of a judge to make a good faith error the state being responsible for it, and a special procedure of bringing a judge to responsibility. Grounds and procedures of bringing a judge to responsibility should be based on proper legal procedure standards, specifically on fairness, impartiality, reasonable terms, proportionality and individualization of legal responsibility measures, guaranteeing procedural rights of a judge while considering a case against him. The author proves that a judge may not be subject to political legal responsibility as it infringes a fundamental principle of independence of judicial power and contradicts a legal status thereof as an impartial arbitrary in settling issues in law. |
| Keywords | legal status of judges, independence of judges, responsibility of judges, accountability of judges to the civil society, due legal procedure, lustration. |
| References | |
| Electronic version | Download |