IMMUNITY OF JUDGES AND THEIR RESPONSIBILITY IN UKRAINE

2021 ◽  
Author(s):  
Rostyslav Sopilnyk ◽  
◽  
Ruslan Skrynkovskyy ◽  
Yaroslav Skoromnyy ◽  
◽  
...  
Keyword(s):  
Legal Status ◽  
Functional Independence ◽  
Legal Responsibility ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
Legal Foundations ◽  
The Law ◽  
Main Components ◽  
State Functions

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.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

INDEPENDENCE OF PROFESSIONAL JUDGES AS A CONSTITUTIONAL BASIS FOR THEIR LEGAL STATUS

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Mariana Khmyz ◽  
Vitaliy Hudyma ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Professional Status ◽  
Law And Order ◽  
Law Enforcement Agencies ◽  
Inaccurate Information ◽  
The Status ◽  
Legal Foundations ◽  
The Law ◽  
The Right ◽  
Judicial Protection

The article reveals the main aspects of the independence of professional judges as a constitutional basis of their legal status. It is established that the main aspects of the independence of judges as the constitutional basis of their legal status in Ukraine are regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Law of Ukraine «On Ensuring the Right to a Fair Court», the Law of Ukraine «On Restoring Confidence in the Judiciary in Ukraine», the Law of Ukraine «On Purification of Power». It is determined that the independence of the judiciary is guaranteed by the state and acts as a constitutional and legal basis for the functioning and activity of the judiciary. It was found that the independence of judges is a key element of the professional status of judges. It has been determined that a judge, in administering justice, must be independent of influence, pressure or interference from unlawful sources. It was noted that state authorities and local self-government bodies, as well as their officials and officials, individuals and legal entities, are obliged to respect the independence of judges, as well as not to encroach on it. It has been established that a judge in the context of administering justice is independent, therefore, taking measures to ensure the independence of judges is one of the main responsibilities of the High Council of Justice. It has been established that every year the number of violations by offenders on the independence of judges in the context of their administration of justice is increasing. It was determined that most often encroachment on the independence of judges in Ukraine occurs on the part of law enforcement agencies, people's deputies, deputies of local councils, other representatives of state authorities and local self-government bodies, lawyers, as well as in cases of violation of law and order in a court session, disruption of court hearings, blocking courts, making various threats to judges, committing physical pressure on judges or members of their families, damaging their property, as well as the property of courts, disseminating inaccurate information in relation to judges. It was found that the low level of guarantees for the independence of judges has an indirect effect on reducing the possibilities of exercising the right to exercise judicial protection. It is noted that the prospects for further research in this direction are the study of the legal foundations of the procedure for the selection and appointment of professional judges in the context of constitutional and legal requirements for candidates.

DOCTRINAL APPROACHES TO DEFINING THE CONCEPT OF CONSTITUTIONAL AND LEGAL STATUS OF PROFESSIONAL JUDGES

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Vitaliy Hudyma ◽  
Mariana Khmyz ◽  
Valentyn Liubarskyi ◽  
...  
Keyword(s):  
Legal Status ◽  
Qualitative Feature ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Structural Elements ◽  
Legal Basis ◽  
Basic Principles ◽  
Legal Personality ◽  
The Status ◽  
The Law

The article reveals the essential characteristics of the concept of «constitutional and legal status of professional judges", based on doctrinal approaches to its consideration. It is established that the legal basis of the constitutional and legal status of judges is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges», the Bangalore Principles of Judicial Conduct. It is determined that the constitutional and legal status of professional judges is revealed as the formation of understanding and perception of the essence of such status, based on the foundations of constitutional and legal science. It was found that the main structural elements of the constitutional and legal status of professional judges are: 1) legal personality as a special and at the same time qualitative feature of a judge, as a subject authorized to exercise the function of justice; 2) the grounds for bringing a judge to legal responsibility; 3) the rights and duties of a judge, which are regulated by the provisions of Article 56 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 4) oath, according to which a person appointed to the position of a judge guarantees compliance with the basic principles of legal conduct, which must be followed by a professional judge not only in judicial but also in extrajudicial activities and regulated by Article 57 of the Law of Ukraine «On the Judiciary and the Status of Judges»; 5) requirements for the position of a judge, which are regulated by the provisions of Article 127 of the Constitution of Ukraine and the provisions of Article 69 of the Law of Ukraine «On the Judiciary and the Status of Judges» to judges of courts of general jurisdiction, for example, to judges of the Constitutional Court of Ukraine, then the provisions of Article 148 of the Constitution of Ukraine; 7) constitutional and legal guarantees, which are enshrined in the Constitution of Ukraine, the Law of Ukraine «On the Judiciary and the Status of Judges» and the Bangalore Principles of Judicial Conduct. It is noted that the prospects for further research in this area are the study of the legal basis for the independence of professional judges as one of the constitutional principles of their legal status.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

scholarly journals The Legal Status of Appraisal of Materials Guarantee for Bancruptcy Process of Indonesia

2020 ◽  
Vol 16 ◽  
pp. 1-12
Author(s):  
Anne Rusiana ◽  
Jamal Wiwoho ◽  
Adi Sulistiyono
Keyword(s):  
Research Method ◽  
Legal Status ◽  
Legal Certainty ◽  
Legal Research ◽  
Positive Law ◽  
Legal Case ◽  
The Status ◽  
The Law ◽  
Legal Discovery ◽  
As If

This research studies the legal status of a material guarantee for the bankruptcy process of Indonesia. The purpose of this research is to find out the legal status of whether the material guarantee that has been declared bankrupt by the appraisal because of not fulfill of repayment of the debtor to the creditor can be transferred on non-bankruptcy status? Moreover, what is the creditor's execution rights to the debtor's material guarantee? This research uses a normative legal research method, namely: legal research that is done with the purpose of discovering the principles and philosophical base (dogma or doctrine) of positive law, and the research of legal discovery efforts in concreto that is suitable to be implemented to solve a particular legal case. The result of this research is that material guarantees that have been determined as Bankruptcy cannot be transferred to their status when they are sold with a non-bankrupt status before a written decision by the judge justified the status. This shows obedience to the principles of legality and legal certainty, that selling the bankrupt assets with the status of (non-bankrupt assets) cannot be justified according to the law. If the curator still continues to sell the bankrupt assets, that process is illegal, including the execution of the selling according to the law. When it was being declared of bankrupt the total value of the material guarantee is assessed by the appraisal to be sufficient for paying all debts to the creditor, then it became the guarantee of repayment of the debtor, but if the value of the material guarantee valued by the appraisal is smaller than the debt, then there must be a reassessment in order to make justice for debtors and creditors. Mortgage-holding creditors, fiduciary guarantees, mortgage rights, mortgages, or other collateral rights, can execute their rights as if Bankruptcy did not occur, but there are several receivables that must be matched before executing their separatist rights.

BREACH OF THE OATH AS A BASIS FOR THE CONSTITUTIONAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Good Reason ◽  
Legal Responsibility ◽  
Court Case ◽  
Constitutional Court ◽  
Professional Activities ◽  
The Status ◽  
The Law ◽  
Main Basis ◽  
The Right

The article reveals the basic principles of bringing a judge to constitutional responsibility due to violation of the oath as the main basis for this type of responsibility. It has been established that legislative and regulatory support of the procedure and peculiarities of bringing judges to legal responsibility is regulated by the following documents, as the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the High Council of Justice», the Constitution of Ukraine, the Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of 53 People's Deputies of Ukraine on the compliance of the Constitution of Ukraine (constitutionality) with certain provisions of the Law of Ukraine «On the High Council of Justice», the European Charter on the Law “On the Status of Judges”, Conclusion No. 3 of the Consultative Council of European Judges into account of the Committee of Ministers of the Council of Europe on and the rules governing the professional conduct of judges, in particular, issues of ethics, incompatible behavior and impartiality, the Law of Ukraine «On the Prevention of Corruption», the Code of Judicial Ethics. It was found that only the High Council of Justice has the right to dismiss a judge from office in accordance with the procedure and the decision to dismiss the judge from office. It has been proved that systematic neglect of duties, which is by no means compatible with the status of a judge, revealing a judge's inadequacy to his position, serves as a good reason for dismissing a judge from office. It has been determined that the constitutional responsibility of a judge should be understood as constitutional proceedings for conducting investigations and bringing a judge to justice due to his violation of the provisions of the Constitution of Ukraine and other laws. It has been establishedthat the dismissal of a judge from office as a result of his violation of the oath is one of the grounds for bringing the judge to constitutional and legal responsibility. It has been established that the main types of misconduct committed by judges in the context of breaking the oath are: 1) committing such acts (actions) that tarnish their titles and create doubts about the impartiality, objectivity and independence of their professional activities, in the long term affects the vision of honesty and the integrity of the judiciary; 2) their failure to comply with the restrictions and requirements specified in the Law of Ukraine «On the Prevention of Corruption»; 3) deliberately delaying the time limits for the consideration of a court case, determined by legislation; 4) violation of moral and ethical principles of behavior.

scholarly journals LEGAL STATUS OF A FORENSIC EXPERT: TOPICAL REGULATORY ACTIVITY PROBLEMS

2020 ◽  
pp. 82-89
Author(s):  
S. Nesterenko ◽  
O. Stulov
Keyword(s):  
Legal Status ◽  
Criminal Proceedings ◽  
Scientific Publications ◽  
Legal Personality ◽  
Forensic Expertise ◽  
European Court ◽  
The Status ◽  
International Obligations ◽  
Forensic Expert ◽  
The Law

The article deals with the analysis of dissertation thesis and scientific publications in domestic and foreign editions, the concepts of “legal personality”, “legal status of a forensic expert”, “procedural status of a forensic expert”, their general and distinctive features. The authors propose to improve these concepts as well as the legislative consolidation of the status of a forensic expert in the new version of the Law of Ukraine “On Forensic Expertise”. The authors draw attention to the imperfection of regulation of the legal status of a forensic expert in the Law of Ukraine “On Forensic Expertise”, as well as to the unreasonable extension of the powers of a forensic expert by a subordinate normative legal act – the Instructions on the appointment and conduct of forensic examinations and expert studies, approved by order of the Ministry of Justice of Ukraine as of August 10, 1998 No. 53/5 (as amended by the order of the Ministry of Justice of December 26, 2012 No. 1950/5). As a result of the conducted research, the authors come to the conclusion that the issues of the status of a forensic expert need to be updated, as a participant in criminal proceedings, as well as draw attention to the lack of harmonization of domestic legislation in the field of forensic examination and procedural legislation. There is a need to adopt a new version of the Law of Ukraine “On Forensic Expertise”, considering all international obligations of Ukraine and the practice of the European Court of Human Rights.

scholarly journals Foreigners and persons without citizenship as subjects of administrative judiciary

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Saadulaev A.I. ◽  
Keyword(s):  
Legal Status ◽  
Access To Justice ◽  
The Status ◽  
The Law ◽  
Constitutional Right ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection ◽  
Domestic Law ◽  
Legal Entities

The right to go to court, including administrative, is one of the most important rights of citizens guaranteed by the Constitution and laws of Ukraine. In addition to the general constitutional right to judicial protection, in particular, Art. 7 of the Law of Ukraine «On the Judiciary and the Status of Judges» of 02.06.2016 № 1402-VIII, guarantees everyone the protection of his rights, freedoms and interests within a reasonable time by an independent, impartial and fair court established by law. Foreigners, stateless persons and foreign legal entities have the right to judicial protection in Ukraine on an equal footing with citizens and legal entities of Ukraine. Access to justice for every person is ensured in accordance with the Constitution of Ukraine and in the manner prescribed by the laws of Ukraine. However, along with the guaranteed right to apply to the court of foreigners, stateless persons (refugees, migrants, immigrants), such a category of subjects of administrative proceedings as apartheid remained outside the scope of domestic law. In order to eliminate the shortcomings of the legislative regulation of the legal status of apartheid in Ukraine, the author came to the conclusion that it is necessary to eliminate the existing shortcoming by amending the Law of Ukraine «On Legal Status of Foreigners and Stateless Persons» of 22.09.2011 № 3773-V. Keywords: legal status, foreigners, migrants, apartheid, justice, legislation

scholarly journals PRINCIPLE OF NATURAL COURT: CURRENT PROBLEMS OF LEGAL UNDERSTANDING AND LAW ENFORCEMENT IN UKRAINE

2021 ◽  
pp. 70-74
Author(s):  
S. Prylutskyi ◽  
Keyword(s):  
Legal Status ◽  
Constitutional Court ◽  
Exclusive Jurisdiction ◽  
Basic Law ◽  
The Status ◽  
Separate System ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
The Right

In 2016, a provision appeared in Article 125 of the Basic Law, which stipulated that higher specialized courts may operate in accordance with the law. Filling the content of this wording in, Article 31 of the Law "On the Judiciary and the Status of Judges" (2016) establishes that in the judicial system there are higher specialized courts as courts of first instance to consider certain categories of cases. This category of courts today includes the High Court of Intellectual Property and the High Anti-Corruption Court, activities of which are initiated by the relevant legislation. However, in political circles there was a discussion about the constitutionality of this court and, accordingly, the subject of the right to a constitutional petition questioned a number of provisions of the Law "On the Supreme Anti-Corruption Court" and appealed to the Constitutional Court of Ukraine to declare this law unconstitutional. In turn, the Constitutional Court of Ukraine initiated constitutional proceedings on this issue. Familiarization with the legal position of the subject of the constitutional petition indicates that the key issue of this constitutional proceeding concerns the presence of signs of a "special court" (within the meaning of Part 6 of Article 125 of the Constitution of Ukraine) in the mechanism of legislative regulation of the Supreme Anti-Corruption Court. In order to find an objective answer to the existing conflict, it is necessary to abstractly identify the main features of a "special" court. To solve such an applied problem, the author of the article turned to the theory and applied provisions of the principle of natural judgment, which was the subject of this study. As a result of the study, the author argues that by giving the Supreme Anti-Corruption Court exclusive jurisdiction over the system of general courts, the legislator has significantly deviated from the permissible limits of constitutional legality. The author singled out and grouped the key features of a special court, which included: 1) Separation of a judicial institution with a separate system of instances for consideration of certain categories of cases selected from the general array (special jurisdiction) or in respect to a separate category of persons. 2) The court, which is entrusted with special, different from other general courts, the purpose and objectives of the activity. 3) A court formed to expedite the resolution of certain categories of cases specific to a certain period; 4) A court in which judges have a special legal status (special tasks in the administration of justice; special professional qualifications (requirements, selection criteria); a special (extraordinary) procedure for the formation of the judiciary, etc. It is seen that the principle of natural judgment – is a fundamental constitutional and legal heritage of civilized humanity, which is designed to protect people, their rights and freedoms from the arbitrariness of the state, and from the use of courts as an instrument of terror and wrongful persecution.

THE STATUS OF WOMEN IN THE INDEPENDENT AUDITOR'S PROFESSION: ANKARA PROVINCIAL RESEARCH

2021 ◽  
Vol 7 (44) ◽  
pp. 2243-2252
Author(s):  
Burcu DOĞAN ◽  
Erdem HĠLAL
Keyword(s):  
Legal Status ◽  
Significant Proportion ◽  
Accounting Profession ◽  
Accounting Scandals ◽  
The World ◽  
The Status ◽  
Independent Auditors ◽  
The Law ◽  
The Times ◽  
Status Of Women

In our country, the accoutancy profession gained legal status on 13 June 1989 with the law numbered 3568. For more than 30 years, the requirements of the profession have been shaped by the law numbered 3568 for the activities of the accounting profession to keep up with the times. The audit profession and accountants were questioned after the accounting scandals that shook the whole World in the 2000. After the scandals in the profession, necessary steps were taken for the advent of the profession in our country as well as in the Word. The aim of this study is to examine the changes in the number of people who prefer in the light of these developments in the profession. İn light of the developments in the World, as a result of the increasing importance of the independent auditor’s profession, it is to determine the number of female auditors who perform the financial consultancy and subsequently continue their activities as auditors. Working in Ankara is the reason for choosing not constitute a significant proportion of the total number of financial advisory and auditing profession in Turkey. İn this study revealed how less female independent auditors perform this profession compared to male professionals. For this purpose, Ankara were examined by determining the number of women in proportion to the number of auditors and independent auditors in Turkey are given.

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