IMPROVING THE PROCEDURE OF DISCIPLINARY LIABILITY OF JUDGES IN THE LIGHT OF FAIR TRIAL

Abstract

The problem of improving the procedure for holding a judge to disciplinary liability is a social one, since too much liability may burden the judge and consequently weaken the authority of the judiciary, while too little or no liability will lead to impunity – a feeling that is most intolerable in a democratic society. This is a legal problem whose complex nature can be gauged by examining the various accountability regimes introduced by European states, which are struggling, to put it mildly, to find a fair compromise between judicial independence and the accountability of its actors. The obligations of a judge to settle court cases in a timely and fair manner, to respect moral and ethical standards and to comply with the requirements of anti-corruption legislation are professional standards that form the model of behavior that a judge should follow and respect. The correct attitude of judges in the performance of their duties is ensured by a system of legal means, one of which is disciplinary liability. The article is devoted to the legal analysis of the procedure of disciplinary liability of judges and the possibility of borrowing international experience for Ukraine. Despite the variety of procedures of bringing judges to disciplinary liability in many countries of the world, taking into account the need to approximate national judicial standards to European standards, which is caused by the undeniable position of Ukraine to join the European legal area, it seems necessary to focus such scientific development to focus on analyzing and taking into account the experience of advanced EU countries.