IMMUNITY OF JUDGES AND THEIR RESPONSIBILITY IN UKRAINE
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 36)Publication Date: 2021-02-28
Authors : Sopilnyk Rostyslav; Skrynkovskyy Ruslan; Skoromnyy Yaroslav;
Page : 61-68
Keywords : immunity; judge; legal responsibility; justice;
Abstract
The article analyzes the institute of immunity of judges in Ukraine and reveals the features of bringing to legal responsibility. It has been established that the legal foundations of the immunity of a judge are governed by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Ukraine on Administrative Offenses, the Civil Code of Ukraine. It has been determined that the immunity of judges is a special component of their legal status, and also serves as a guarantee of ensuring the proper level of performance of their official duties. It was found that the immunity of a judge is aimed at reducing the influence of professional risks in the context of his administration of justice. It has been established that the principle of the independence of a judge is composed of two main components of independence, namely, the functional independence of the judiciary and the institutional independence of the judiciary. It is determined that the immunity of judges is a special type of violation of the principle defined in the Constitution of Ukraine regarding the equality of all without exception before the law and the court. It has been proved that material and legal immunity, indemnity, and procedural immunity are the components of the integral system of judicial immunities. It is proposed that today in Ukraine it is necessary to improve the legislative framework regarding the immunity of judges in the direction of defining the framework for the need to provide protection to judges as officials performing the state functions assigned to them, and to prevent judges from impunity in cases of their committing offenses (misconduct, crimes). It is noted that the prospect of further research in this direction is the study and improvement of the mechanism for bringing judges to legal responsibility in Ukraine.
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