| Popis: |
Today, there are many urgent problems related to the practical aspects of reforming the judicial system of Ukraine. One of the key aspects of the judicial reform of Ukraine, based on the realities of today, is the formation and development of applied mechanisms for bringing a judge (judges) to legal responsibility, with the aim of: introduction of new effective approaches to ensuring the fundamental right of a person and a citizen to a fair trial; preventing and countering corruption in the judicial system (courts); increasing the authority of the judiciary and citizens' trust in the judicial system of Ukraine. It was determined that today one of the important aspects in this direction is a typological analysis in the countries of the European Union and the study of procedural aspects in Ukraine regarding bringing a judge to legal responsibility. Based on the results of the research, general conclusions were formulated, as well as proposals of a theoretical and practical nature were presented regarding a new solution to certain scientific and practical problems related to the legal responsibility of a judge (judges). In particular, we recommend that the legislation of Ukraine take into account the existing experience of Germany regarding the application of disciplinary responsibility of retired judges. This, taking into account the problems of theory and practice in this direction, will to some extent reduce (in the future) certain abuses of their status by judges, as well as contribute to the restoration of the level of trust and respect for the judiciary on the part of society. To ensure the legitimacy of the lustration procedure (purification of power) in Ukraine, it is necessary to take into account: the principles of the institution of legal responsibility of judges, as well as guarantees of due legal procedure. It is also stated that it is necessary to establish a clear ban on the prosecution of judges in Ukraine for one and the same specific illegal act within such limits as: one type of proceeding (disciplinary, administrative or criminal); administrative and criminal proceedings; any type of legal liability after the application of specific measures provided for by the legislation of Ukraine in the sphere of lustration (purification of power). It is advisable to conduct further research in the direction of studying practical issues regarding the violation of the oath of a judge in Ukraine in the context of constitutional responsibility. |
