ОСОБЛИВОСТІ ПРИТЯГНЕННЯ СУДДІ ДО ВІДПОВІДАЛЬНОСТІ В УКРАЇНІ

Keywords: judge, legal responsibility of a judge, justice, office rights and duties of a judge

Abstract

The purpose of the article is to reveal the main features of bringing a judge to justice. It is noted that the first and key in the issue of bringing judges to justice is the search for a fair balance between the fundamental principle of the judicial branch of government (in all sovereign states this is its independence from any external influence) and the inevitability of punishment for a judge in the event of a guilty violation of the law, rights and interests of individuals and / or legal entities. The only positive moment in the topic of bringing judges to justice is the recognition in June 2020 of unconstitutional Art. 375 of the Criminal Code of Ukraine (adoption by a judge (judges) of a knowingly unjust verdict, decision, ruling or ruling) as such, which contradicts the principle of the rule of law, in particular its main element - legal certainty, is inconsistent with the principles of independence of judges, is contrary to the Constitution of Ukraine. It is concluded that the responsibility of judges as an institution, of course, should exist, but with observance of the principle of the rule of law and legal certainty, primarily in the format of predictability of legal norms, quality and transparency of law. Such an institution should exclude the politicization of the process of bringing judges to disciplinary responsibility. The independence of the disciplinary bodies in a broad and deep sense, the composition of which should be formed from the most experienced judges (perhaps retired judges who deeply understand the essence of the question of guilt / innocence of a judge in the administration of justice), which will be a precondition for the independence of the judges themselves. Participation in disciplinary bodies of various kinds of public activists, various public figures, other representatives and incomprehensible bodies, the composition of which is formed with the participation of other branches of government, will in no way ensure the high-quality implementation of disciplinary procedures against judges. It has been established that in Ukraine the mechanism for bringing judges to justice in no way corresponds to the stated goal - increasing confidence in the judicial branch of government, improving the work of courts, bringing judges to justice for guilty disciplinary offenses. Such a mechanism has a latent and real goal - to subdue the judiciary, bring it to its knees, make it completely dependent on disciplinary and certification bodies, other branches of government and political preferences that dominate society at a certain period of time, and is not completely controlled by the law. Now we can only hope that when the situation changes for the better.

Published
2020-09-30
How to Cite
Скоромний, Я. (2020). ОСОБЛИВОСТІ ПРИТЯГНЕННЯ СУДДІ ДО ВІДПОВІДАЛЬНОСТІ В УКРАЇНІ. Scientific Notes of Lviv University of Business and Law, 26, 170-173. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/324
Section
Series: Law