A special view on the law statute of the judge
Journal Title: Економіка. Фінанси. Право - Year 2019, Vol 5, Issue
Abstract
The article deals with the analysis of the legal status of a judge. The problems of determining the content of the category of legal status of a judge, its constituent elements, determination of the scope of its rights and obligations, analysis of their content and peculiarities of the judge's ethical behavior as a component of legal status are studied. Particular attention is paid to the independence and integrity of the judiciary. It is stressed that in the aspect of these multidisciplinary positions of scientists, the most appropriate is to look at determining the legal status of a judge as a legal phenomenon, through the prism of such general categories as the status of a subject of law, the legal status of a person, the legal status of an official. Summarizing all the points outlined above, one can conclude that, in the most general form, the legal status of judges is a combination of those provided for by the Constitution of Ukraine, the Law "On the Judiciary and the Status of Judges", the Code of Judicial Ethics, the requirements, restrictions, procedures for granting, suspending and termination of their powers , rights and obligations, guarantees of activity, immunity and liability measures. Thus, the content of the status of judges, in our opinion, includes the following elements: requirements to them and restrictions; procedures for empowerment; suspension procedures; procedures for termination of authority; the scope of rights and responsibilities; system of guarantees of their activity; volume of immunity; measures of responsibility. It is emphasized that the institution of judges' professional responsibility, forming a significant component of its legal status, is a phenomenon of a multidimensional phenomenon, in which it is possible to distinguish certain varieties that are defined by different normative categories and entail different legal consequences.
Authors and Affiliations
Roman Zinoviiovych Holobutovskyi
Keywords
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