DISCIPLINARY RESPONSIBILITY OF JUDGES

The article presents the conceptual foundations of the disciplinary responsibility of judges. It was found that the legal basis for bringing judges to disciplinary responsibility is governed by the provisions of such documents as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Convention on Access to Information, Public Participation in Decision Making and access to justice in environmental matters (Aarhus Convention), ratified by the Law of Ukraine dated 06.07.1999 No. 832-XIV, Decision of the XI (regular) Congress of Judges of Ukraine dated 22.02.2013 «On Approval of the Code of Judicial Ethics». It has been established that bringing judges to disciplinary responsibility for violation of professional duties is a guarantee of the protection of the rights and freedoms of citizens, their interests, as well as a way of forming the rule of law in the country. It was determined that judges can be brought to disciplinary responsibility, the order of disciplinary proceedings on which is based on the grounds determined by the Law of Ukraine «On the Judicial System and the Status of Judges». It has been proved that in addition to the Law of Ukraine «On the Judicial System and the Status of Judges», the Resolution of the European Association of Judges also has its own list of grounds for bringing judges to disciplinary responsibility, which are clearly delineated for the legal situation in Ukraine. It has been established that today the grounds for bringing judges to legal responsibility, in particular to disciplinary responsibility, are based on factual and legal aspects, where the factual aspects of bringing judges to disciplinary responsibility indicate where the offense was committed and which responsibility is provided. It was found that a disciplinary offense of a judge is the commission of an act (action or inaction) by a judge, as a result of which the duties determined by law are violated, and on the basis of such violations, the judge is brought to disciplinary responsibility according to a specially developed legal procedure. It has been determined that the main body that considers disciplinary cases in relation to bringing judges to disciplinary responsibility in Ukraine is the High Council of Justice.