The Peculiarities of Bringing Judges to Administrative Responsibility

Yaroslav Skoromnyy

The Peculiarities of Bringing Judges to Administrative Responsibility

Číslo: 10/2020
Periodikum: Path of Science
DOI: 10.22178/pos.63-4

Klíčová slova: administrative responsibility; justice; judge; the judiciary

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Anotace: The article presents the peculiarities of bringing judges to administrative responsibility. It has been established that in Ukraine bringing judges to administrative responsibility is regulated by the provisions of such legislative and regulatory documents as the Code of Ukraine on Administrative Offenses, the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine to Strengthen the Guarantees of Judges’ Independence», the Law of Ukraine «On Ensuring the Right to a Fair Trial», the Law of Ukraine «On the Judiciary and the Status of Judges». It has been found out that judges are not included in the structure of subjects of administrative offenses. It has been determined that the administrative responsibility of judges is a kind of legal responsibility, which is mostly considered on a theoretical basis, but in practice, the administrative responsibility of judges is not structured at all. It has been proved that the main obstacles to bringing judges to administrative responsibility are, first of all, the ethical impossibility of imposing administrative penalties on them, as they have a fairly high legal status, and the urgent priority of establishing special procedures and bodies to bring judges to administrative responsibility. It has been established that bringing judges to administrative responsibility and imposing administrative penalties on them contradicts, first of all, the legal status of judges. It has been proved that the inviolability of judges, defined by the provisions of the law, is primarily aimed at protecting them from outside influence, which in the long run will create the appropriate conditions for the administration of fair justice by a judge. It has been found that the procedure of bringing a judge to administrative responsibility is one of the elements of control over the quality of professional activity of judges as officials.