TEMPORAL REMOVAL OF JUDGE FROM REALIZATION OF JUSTICE IN CONNECTION WITH BRINGING IN TO CRIMINAL RESPONSIBILITY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
An author examines some problem questions of removal from realization of justice in connection with bringing in to criminal responsibility. Grounded, that the dismissal of judge on a current criminal judicial legislation on the basis of the motivated solicitor of the Prosecutor general of Ukraine of Higher Council of Justice groundlessly removes a court from the process of decision-making about application of the indicated measure of providing of criminal trial. Before the acceptance of changes in Criminal Procedural Code (next – CPC) of Ukraine 2012 about the removal of judge in connection with bringing in of him to criminal responsibility made decision the Higher Qualifying Commission of Judges of Ukraine (next – HQCJU). This commission had to conduct only qualifying attestation and disciplinary productions in regard to judges. That is, the HQCJU in fact replaced the investigative judge (court) and temporarily restricted the constitutional rights of the person (the judge) by laying down the judicial control: she examined the petition of the General Prosecutor of Ukraine, examined the materials presented, which could indicate that the suspect could negatively influence the witnesses, unlawfully to oppose criminal proceedings, etc. At the same time, members of the HQCJU could interrogate witnesses. In 2016, as a result of the inclusion in the Criminal Procedural Code of Ukraine of item 155–1, the decision to dismiss the judge from office is entrusted to the educated Higher Council of Justice, which, in the author’s opinion, also, by substituting for the court, imposes on himself a function of judicial control that is not characteristic of this body. All this contradicts the European standards – the adoption of a procedural decision on the application of procedural coercion measures belongs to the exclusive competence of the court. The European Court of Human Rights acknowledged that the principle of the rule of law proceeds from the premise that interference of the executive authorities in Human Rights must be under effective judicial control.
Authors and Affiliations
Р. Д. , Арланова
Keywords
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