DISCIPLINARY LIABILITY OF A JUDGE, HOLDER OF JUDICIAL POWER, FOR VIOLATION OF ETHICAL PROFESSIONAL STANDARDS

Introduction. Building an effective model for regulating the disciplinary liability of judges is one of the main directions of ensuring the independence of the judicial power. Ensuring a balance between the independence of a judge and determining his responsibility for his activities is one of the problems, the solution of which is important, since it reflects not only the level of independence of the judicial power in the country, but also the effectiveness of the functioning of the judicial power and the level of public confidence in it, which encourages the scientific community to consider it. Purpose. The purpose of the article is considering normative and theoretical issues of forming an effective legal mechanism for bringing judges to disciplinary responsibility in case of violation of professional ethical standards. Materials and methods. The materials of the research are: publications of scientists and representatives of the judicial community, which consider the problems of disciplinary responsibility of judges in general, and on the grounds of violations of professional ethical standards, in particular; empirical sources, in particular Ukrainian legislation and international documents on this problem. The basic methodological tool for achieving the objectives of the article is a systemically functional approach, thanks to which the disciplinary responsibility of judges is considered as a type of legal responsibility in general, as well as an element of the legal status of judges. To reveal the peculiarities of the formation of definitions “legal responsibility of judges”, “disciplinary responsibility of judges”, a formal-logical method is used. Methods of analysis and synthesis were used for consideration of domestic and international legislation on issues of the formation of ethical professional standards of judges. Results. Disciplinary responsibility of judges is considered through the prism of problems of the independence of the judicial power in three contexts: as a component of the judge's legal status; as a subspecies of legal relations of legal liability; as an element of the system for ensuring the proper administration of justice. It is emphasized that since there is always a fine line between the disciplinary responsibility of judges and ensuring their independence, real concern arises about creating effective preventive measures against turning such responsibility into an instrument of pressure. Updates to legislation in the field of judicial power have demonstrated a change in approaches to the application of disciplinary liability to judges. An analysis of the steps taken by Ukraine to ensure the independence of the judiciary and the formation of an effective model of disciplinary responsibility of judges is carried out. It was emphasized the need to specify the provisions of the Law of Ukraine “On the Judicial System and Status of Judges”, which now provide for a broad approach to the interpretation of disciplinary liability for a judgeʼs violation of ethical rules enshrined in the Code of Judicial Ethics. The steps taken by Ukraine to ensure the independence of the judicial power and the formation of an effective model of disciplinary responsibility of judges are analyzed. Prospects. It is proposed, while improving the ethical professional standards of judges and updating the Code of Judicial Ethics to take into account the recommendations of pan-European judicial institutions and the practice of the High Council of Justice, in particular, regarding avoiding common ethical standards as the basis for disciplinary penalties for judges. Avoiding common ethical standards as ground for disciplinary actions for judges and ensuring of ranking of sanctionsʼ levels during minor unethical actions will avoid violating the principle of proportionality.