ПРАВО СУДДІ НА ПРИВАТНІСТЬ: ЄВРОПЕЙСЬКА ПРАКТИКА

Keywords: judicial ethics, requirements to judges, rules of conduct of judges, private life, privacy, right to respect for private life, European Court of Human Rights

Abstract

The judiciary, administering justice and thus ensuring the rule of law, play an important role in the functioning of the rule of law and play a special role in society.

Judges are required to observe certain rules of conduct, some of which can be considered as interference in the sphere of private life. Because of this, the issues of defining the boundaries of the judge's private life and the possibility of violating them are very relevant. The European Court of Human Rights has a certain practice of protecting the right to respect for private life in relation to judges. This article is devoted to its research.

When writing the article, the authors studied scientific works on the problems of judicial ethics, standards of behavior of public servants, protection of the right to respect for private and family life, and the relationship between private life and public service. The main attention is paid to the practice of the European Court of Human Rights in the context of protecting the private life of judges.

The understanding of the private life of a judge based on the practice of the European Court of Human Rights is studied. The approaches applied to the assessment of such violations are considered. The criteria for the permissibility of state interference in the right to respect the private life of a judge are studied.

In accordance with the practice of the European Court of Human Rights, the sphere of a judge's private life is interpreted broadly, including professional activities. To identify interference in the private life of a judge, it is important to analyze his behavior in terms of the requirements imposed on him, the consequences of interference for himself or his close circle. A key role in assessing the permissibility of interference, taking into account the criteria of legality, legitimate purpose, and necessity in a democratic society, should be assigned to establishing a fair balance of public and private interests

Published
2020-09-30
How to Cite
Круподеря, Д. (2020). ПРАВО СУДДІ НА ПРИВАТНІСТЬ: ЄВРОПЕЙСЬКА ПРАКТИКА. Scientific Notes of Lviv University of Business and Law, 26, 134-140. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/318
Section
Series: Law