Правова допомога суддям під час військових конфліктів
Legal assistance to judges during military conflicts

Summary/Abstract: The presented work is devoted to the peculiarities of providing legal assistance to judges, including the assistance during military conflicts. Attention is drawn to the existing undue influence on the judiciary during gatherings of citizens in front of judicial institutions in order to support one or another party to the conflict, in particular when considering cases of war crimes. It is noted that the heavy workload in the courts regarding the number of cases to be resolved have largely been due to military aggression and the existing shortage of judges. These facts have become shocking and painful moments for the domestic justice system. In view of the provisions of the Code of Judicial Ethics, a judge must not be under any illegal influence on his professional activity, but, in this regard, there is the difficulty in compliance with the requirements for tact, endurance and respect of the judge to the participants of the trial and other people. At the same time, an attempt is made to analyze the most common categories of cases in which judges are parties to the case. The author considers it appropriate to structure the following cases as follows, based on the number of them in the Unified State Register of Court Decisions: 1) cases concerning appeals against the decisions of the High Council of Justice and the High Qualification Commission of Judges of Ukraine; 2) cases on appeal against dismissal of a judge; 3) cases concerning the recovery of a judge's fee; 4) cases on recovery of payments of due sums of money in connection with the legal consequences of satisfaction of the judge's resignation application; 5) cases related to the probable commission of a corruption act by a judge. The classification of these cases is not exhaustive and can be structured in another way, taking into account the possibility of changing the range of legal relations, the participants of which are the judicial power holders.

• Details
• Contents