INDEPENDENCE OF THE COURT AND JUDGE AS A PREREQUISITE OF PREVENTION THE CORRUPTION
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2018, Vol 49, Issue 2
Abstract
This article is devoted to the analysis of the current legislation, the conclusions of the Venice Commission and legal literature in order to find out the shortcomings of the rules of the Law of Ukraine "On the Judiciary and Status of Judges". Particularly, guarantees of independence of the court and judges creating corruption risks are examined, as well as the ways of its improvement. The possibility of interference of the Verkhovna Rada of Ukraine in the process of formation and liquidation of courts is noted, and the ungrounded widespread interpretation of the constitutional norm on the integrity of judges is emphasized. The author also pays attention to the existence of norms with appraisal judgments concerning the grounds of disciplinary liability, and the need to correct the deficiencies of the legal (legislative) technique.
Authors and Affiliations
А. О. Поліщук
Keywords
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