Окремі питання щодо оптимізації законодавства України в частині притягнення суддів до юридичної відповідальності
Some Issues Related to the Optimization of Legislation of Ukraine in Terms of Bringing Judges to Justice

Summary/Abstract: The article reveals some issues related to the optimization of the legislation of Ukraine in terms of bringing judges to justice. It has been found that for systematic or gross neglect of responsibilities by a judge, which, in the context, is incompatible with the status of a judge, the Supreme Council of Justice considers dismissing a judge on the basis of a submission by the Disciplinary Chamber on the dismissal of a judge. It is determined that according to the doctrinal approach, early termination of a judge’s professional activity, which makes it impossible for him to perform his powers, but not of the judge’s own will, indicates the onset of not disciplinary liability but the onset of constitutional liability. It is established that the main types of disciplinary sanctions as a result of bringing judges to disciplinary responsibility in accordance with the decisions of the Disciplinary Chambers of the Supreme Council of Justice are: 1) dismissal; 2) warning; 3) reprimand with deprivation of the right to receive additional payments to the amount of the official salary of a judge for a period of one month; 4) severe reprimand with deprivation of the right to receive additional payments to the official salary for a period of three months; 5) a temporary application for suspension from justice for a period of six months with deprivation of the right to receive additional payments to the salary of a judge in order to send a judge to the National School of Judges of Ukraine as a part of a refresher course for investigative judges; justice in court. Prospects for further research suggest a thorough study and disclosure of the main aspects of bringing judges to justice, which are governed by the rules and regulations of current legislation and improve them in accordance with international instruments.

• Details
• Contents