CRIMINAL LIABILITY OF JUDGES

The article presents the key features of the criminal liability of judges. It has been established that the legal basis for bringing judges to criminal liability is governed by the provisions of the Law of Ukraine «On the Judicial System and the Status of Judges», the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine. It has been established that usually the illegal behavior of a judge or the irresponsibility of a judge primarily arises from the imperfection of the legislation, which regulates the main aspects of a judge's behavior in the course of his professional activities. It has been determined that, in accordance with Article 375 of the Criminal Code of Ukraine, a judge who has passed a false sentence (decision, ruling or ruling) is prosecuted and punished by restraint of liberty for a term of up to five years or imprisonment for a term of two to five years, and In the event of grave consequences as a result of such actions of a judge or their commission for profit, for personal purposes or to create an obstacle to the legality of the journalist's professional activity, the judge is punished with imprisonment for a term of five to eight years. It has been proved that the main elements of a judge's legal status are immunity, which provide for the conduct of an independent justice. It was found that judges cannot be held accountable for their judicial decisions, except for cases when they committed a crime or disciplinary offense. It has been established that a judge can be detained on the basis of a suspicion of an act they have committed, for which it is envisaged to bring to criminal or administrative responsibility, with the exception of cases specified in the legislation. It has been determined that, on the basis of bringing a judge to criminal responsibility, he may be temporarily suspended from the administration of justice for a period of not more than two months on the basis of a petition made by the Prosecutor General of Ukraine or his deputies in accordance with the procedure established by law, while only the High Council of Justice makes a decision on the temporary suspension of a judge from administering justice. It has been proved that the court in which the judge committed a criminal offense and which is subject to criminal liability, holds or has held the office of a judge, cannot bring charges against a judge and carry out on the following grounds of justice with a judgment, except in cases determined by law. It has been determined that bringing judges to criminal responsibility is a rather difficult process, since today there are few cases in which judges were held accountable for their crimes.