ORGANIZATIONAL AND LEGAL MEASURES TO PREVENT OFFENSES IN THE JUDICIAL MANPOWER: CONCEPT AND TYPES
Journal: International Scientific Journal "Internauka" (Vol.1, No. 96)Publication Date: 2020-10-31
Authors : Skoromnyy Yaroslav;
Page : 83-90
Keywords : judiciary; judge; court; offenses; justice; legal proceedings;
Abstract
The article presents organizational and legal measures for the prevention of offenses in the judiciary from the standpoint of the essence and varieties. It has been established that in order to prevent offenses committed by judges, it is necessary to form and implement an integral set of various measures and tools to counteract and neutralize existing and potential cases of such offenses. It was found that the prevention of offenses committed by judges occurs at the general social, special criminological and individual levels. It has been proven that measures to prevent offenses committed by judges at the special criminological and individual levels are primarily aimed at establishing, eliminating and preventing offenses committed or offenses that are carried out and can be carried out by judges. It has been established that the process of preventing offenses committed by judges in the judiciary at the individual level covers a number of organizational and legal measures aimed at motivating the lawful behavior of each judge in accordance with the prescriptions of legal norms. It was found that the prescriptions of judicial ethics are of great importance in order to prevent offenses committed by judges in the judiciary, as well as outside the official duties of judges. It has been proved that the institution of judicial responsibility of judges plays a special role in the process of preventing offenses committed by judges in the context of performing their official duties. It has been determined that important measures to prevent offenses committed by judges are qualification assessment of judges, regular assessment of judges, judicial dossier, provision of methodological assistance by courts of appeal and higher specialized courts, plenary sessions of higher specialized courts, systematic special checks of data based on determining their compliance with legislative requirements, explanatory and preventive work between judges. It has been established that the legislation does not define either the forms or methods of providing methodological assistance to judges, therefore, according to the practice of legal proceedings, the forms of providing methodological assistance to judges can be: answers to questions of judges of the lower level of the court, various information letters, systematic meetings, seminars, participation judges in summing up the results in local courts, conducting lectures in the territorial offices of the National School of Judges of Ukraine. Prospects for further research in the outlined direction, which consist in a comprehensive study of the process of preventing offenses committed by judges in accordance with the provisions of the legislation of Ukraine, are proposed.
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