ТЕОРЕТИКО-ПРАВОВИЙ АНАЛІЗ ПРОЦЕДУРИ ПЕРЕВЕДЕННЯ ТА ЗВІЛЬНЕННЯ СУДДІ У ЗВ'ЯЗКУ З ЛІКВІДАЦІЄЮ ЧИ РЕОГРАГНІЗАЦІЄЮ СУДІВ В УМОВАХ ВПРОВАДЖЕННЯ СУДОВО-ПРАВОВОЇ РЕФОРМИ В УКРАЇНІ
| Main Author: | Марина Материнко |
|---|---|
| Format: | Article eJournal |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
https://zenodo.org/record/3678820 |
Daftar Isi:
- The article presents the results of the empirical study of the procedure of the judges’ transfer and dismissal in connection with the courts’ liquidation or reorganization during the implementation of legal and judicial reform in Ukraine. The principle that there should be a fair procedure for the judges’ dismissal is justified. Any of such dismissals may only occur in very serious cases, considering the potential impact of such dismissals on the independence of the entire judges’ corps. The steps to reform the judicial system should ensure a reasonable balance between the accountability and independence of judges. The study of topical issues concerning the transfer and dismissal of judges from administrative positions does not complete the principles of legislation discussed above. For example, further research needs to be considered as to whether the refusal of the High Qualifications Commission of Judges of Ukraine to advise a candidate for judicial office indefinitely and to dismiss him / her due to the expiry of the term for which he / she has been appointed is legally responsible; the removal of a judge from his or her position in connection with criminal prosecution and the like. There is a need to review the relevant provisions of the legislation on the grounds and procedures for the dismissal of judges and to bring them into line with international standards, as repeatedly stated by experts from the Venice Commission. However, on the whole, the Law of Ukraine “On Judicial System and Status of Judges” meets international standards. The desire of the legislator to increase the transparency of the judicial system, as well as to contribute to the optimization of the judiciary, to ensure the consistency and unity of judicial practice in Ukraine, is observed. At the same time, it is desirable to pay particular attention to the possible consequences of the liquidation of the Supreme Court of Ukraine and high courts, including the dismissal of judges. In particular, there should be a fair procedure for the release of judges. Any such dismissal can only occur in very serious cases, given the potential impact of such dismissals on the independence of the entire judicial corps. Judicial reform measures should strike a reasonable balance between the accountability and independence of judges.