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Relevant bibliographies by topics / Disciplinary offense of a judge

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Academic literature on the topic 'Disciplinary offense of a judge'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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Journal articles on the topic "Disciplinary offense of a judge"

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Yavorska, Olga. "Effect of the principle of proportionality in deciding whether to dismiss from position of judge." Slovo of the National School of Judges of Ukraine, no. 3(28) (December 19, 2019): 46–57. http://dx.doi.org/10.37566/2707-6849-2019-3(28)-4.

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The article deals with violations, which are often grounds for bringing disciplinary liability of judges, as well as the enforcement of them in the form of a petition for the dismissal from position of judge. A special place in the system of legal responsibility of a judge is taken by the institute of disciplinary responsibility, the essence of which lies in the possibility of applying by a specially authorized body to an individual bearer of judicial power - judges of legal sanctions, directly provided by law, for violations in the sphere of professional activity. The institute of disciplinar

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Melnik, Oleksiі, and Volodymyr Rybalko. "On the issue of extending the guarantees of criminal procedure to disciplinary proceedings against judges." Slovo of the National School of Judges of Ukraine, no. 4(45) (February 19, 2024): 36–50. http://dx.doi.org/10.37566/2707-6849-2023-4(45)-3.

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The author considers whether the guarantees of criminal procedure should be extended to judges during disciplinary proceedings. It is noted that the answer to this question has very specific consequences, as it depends on them: whether the disciplinary proceedings against judges under the Engel criteria are criminal proceedings; whether simultaneous and parallel consideration of disciplinary and criminal proceedings against a judge involving the same actions (or part of them) is possible; or whether disciplinary proceedings should be suspended until the criminal case is resolved; whether the m

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Moskvych, L. M. "LIMITATION OF THE COMPATIBILITY OF JUDICIAL ACTIVITIES IN THE SYSTEM OF MECHANISMS FOR ENSURING THE INDEPENDENCE OF JUDGES." Herald of criminal justice, no. 3-4 (2022): 90–101. http://dx.doi.org/10.17721/2413-5372.2022.3-4/90-101.

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The article is devoted to the problems of legal certainty of the requirements for limiting the compatibility of judicial activity. It is emphasized that legally defined restrictions on the types of additional activities of a judge are not a restriction of human rights to freedom of choice, but are one of the tools for ensuring the independence of judges. The purpose of this article is to analyze the legal regulation of restrictions on the compatibility of judicial activity, to determine their legal nature and to formulate proposals for improving modern legislation in the aspect of legal regula

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Zholobov, Yaroslav B., and Viktor N. Kornev. "Challenges of holding the presidents of general jurisdiction courts liable to disciplinary measures and termination of their powers in the Russian Federation." Vestnik of Saint Petersburg University. Law 14, no. 4 (2023): 905–21. http://dx.doi.org/10.21638/spbu14.2023.405.

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The article examines the challenges of holding the presidents of general jurisdiction courts liable to disciplinary measures and issues of terminating their powers. It is shown that the legal status of the presidents of general jurisdiction courts encompasses various elements, such as the procedure for terminating their powers, their liability, the procedure for replacing their post, their competence, and guarantees of independence. Five cases of termination of the powers of the president of a general jurisdiction court were considered: automatic suspension in the event of termination or suspe

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Kleandrov, Mikhail I. "On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct; law enforcement practice, general approaches. Part 1. Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?" Gosudarstvo i pravo, no. 3 (July 16, 2024): 39–59. http://dx.doi.org/10.31857/s1026945224030044.

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The article criticizes the current situation regulated by law, in which a gross disciplinary misconduct of a judge, entailing the early termination of his judicial powers, is considered as a measure of disciplinary responsibility. The conclusion is substantiated that the early termination of the powers of a judge for gross misconduct should entail a measure of not disciplinary, but constitutional responsibility. The mechanism of constitutional responsibility of a judge is partially provided for by the constitutional innovations of 2020 only for a little over two thousand judges, and the Federa

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Nikitina, Anna V. "Problems of Differentiation of Disciplinary Responsibility of Judges in Legislation and Law Enforcement Practice." Rossijskoe pravosudie, no. 7 (June 25, 2023): 5–14. http://dx.doi.org/10.37399/issn2072-909x.2023.7.5-14.

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The special constitutional and legal status of judges, which guarantees their independence, requires that the rules on their disciplinary responsibility are sufficiently defined and predictable, and their application is based on the principles of fairness, proportionality of disciplinary punishment to the severity of the committed disciplinary offense, individualization of disciplinary responsibility. Among the legislative problems that complicate the implementation of these principles, the author notes the absence of the concept of minor disciplinary misconduct or legally established criteria

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Boiko, A. M. "DISCIPLINARY LIABILITY OF A JUDGE FOR COMMITTING A CORRUPTION OFFENSE OR AN OFFENSE RELATED TO CORRUPTION." Juridical scientific and electronic journal, no. 3 (2025): 341–44. https://doi.org/10.32782/2524-0374/2025-3/80.

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Al-Billeh, Tareq. "CONSTITUTIONAL LIMITS TO ENSURE THE LEGALITY OF TERMINATING THE JUDGES’ SERVICES IN JORDAN AND FRANCE: THE OPPOSING CONSTITUTIONAL RULINGS." Journal of Southwest Jiaotong University 57, no. 6 (2022): 263–77. http://dx.doi.org/10.35741/issn.0258-2724.57.6.25.

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The study deals with the limits of terminating the judge’s services for reasons related to legal age and health fitness in addition to the termination of the judge’s services for reasons related to the moral fitness, technical and professional competence of the judge in the Jordanian legislation compared to the French legislation, so that the issue of the study lies in dealing with the ruling of the Jordanian Constitutional Court No. 2 of 2018, by expressing the opposing opinions about referring the judge to retirement, provisional retirement and termination of his/her services for reasons rel

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Kleandrov, Mikhail I. "On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility Of heads of courts (section 1)2." Gosudarstvo i pravo, no. 4 (August 5, 2024): 67–76. http://dx.doi.org/10.31857/s1026945224040044.

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In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who dire

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Kleandrov, Mikhail I. "On modern problems of the mechanism of judges’ responsibility for disciplinary misconduct: Law enforcement practice, general approaches Part 2. On the problems of disciplinary responsibility of heads of courts (section 2)." Gosudarstvo i pravo, no. 5 (August 14, 2024): 28–41. http://dx.doi.org/10.31857/s1026945224050038.

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In the first part of this article (“Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary liability?”) the modern problems of the mechanism of judges’ responsibility for disciplinary misconduct were considered. This second part of this article examines the current problems of the organizational and legal mechanism of disciplinary responsibility of heads (chairmen and deputy chairmen) of courts. Attention is drawn to the fact that the status of heads of courts is twofold: on the one hand, they are judges who dire

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Dissertations / Theses on the topic "Disciplinary offense of a judge"

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Varhola, Jonathan C. "Discretion Without Choice: Sexual Offender Legislation and Judicial Discretion." Wright State University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=wright1316445656.

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Hamad, Hamad. "Les garanties disciplinaires du fonctionnaire dans le droit libyen." Thesis, Brest, 2019. http://www.theses.fr/2019BRES0028.

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En observant l’activité disciplinaire de l’administration, nous remarquons qu’il y beaucoup de cas où on a transgressé clairement les exigences et les garanties données par le législateur en faveur du fonctionnaire durant la procédure disciplinaire. En effet, l’importance de cette étude et ses objectifs sont les suivants :- Les garanties disciplinaires occupent une place importante dans la fonction publique, car ce sont elles qui protègent les droits du fonctionnaire qui fait l’objet d’une enquête disciplinaire et qui limitent l’arbitraire et l’extrémisme de l’administration vis-à-vis à ses em

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Piccina, Fernanda Vasconcelos Fontes. "O devido processo legal no processo administrativo disciplinar." Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5612.

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Made available in DSpace on 2016-04-26T20:20:13Z (GMT). No. of bitstreams: 1 Fernanda Vasconcelos Fontes Piccina.pdf: 983394 bytes, checksum: 27a2865b16640cd8382e1db5726924e4 (MD5) Previous issue date: 2011-06-13<br>The present work aims the study of the Due Process of Law and its implications in administrative disciplinary proceedings. It starts with the background of Due Process in the Brazilian legal and a brief historical description of the principle and its analysis, based on the phenomena of constitutionalization of the law. The study of administrative disciplinary proceedings is made,

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Sobotková, Sandra. "Právní postavení soudce v České republice - kárná odpovědnost." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-380311.

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1 Legal Status of Judges in the Czech Republic - Disciplinary Liability Summary This diploma thesis focuses on the disciplinary liability of judges in the Czech Republic. The introduction of the thesis describes judiciary legislation and the individual responsibilities of a judge in performing judicial duties. The next part defines disciplinary liability and its legal nature and it also mentions the relationship of liability for damages and disciplinary liability. The third part focuses on the course of disciplinary proceedings and the structure of the disciplinary court that deals with discip

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Maryšková, Michaela. "Právní postavení soudce v České republice." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-345362.

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This diploma thesis deals with various aspects of the status of a judge as it is stated in the Czech legal order. Firstly, author focuses on the formation of the office of a judge. There is also described controversial approach of the former president of the Czech Republic Václav Klaus on the appointment of new young judges. Final part of the chapter deals with comparison with the United Kingdom in the way of becoming the judge. In the next chapter, there are described particular duties arising from the Czech legislation. Attention is focused on preserving the dignity of the judicial function,

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Friedel, Tomáš. "Povolání právníka - teorie a praxe profesní etiky se zaměřením na vybraná právnická povolání v České republice." Doctoral thesis, 2016. http://www.nusl.cz/ntk/nusl-353561.

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The dissertation thesis To Be a Lawyer - Theory and Practice of Professional Ethics of Chosen Legal Professions in the Czech Republic aims to strengthen (currently rather weak) discussion about professional ethics in the Czech Republic. The first part introduces elemental terminology of the topic which enables easier understanding of second and third part. The second part is devoted to the presentation of results of researches regarding the analysis of judgements issued by Czech disciplinary authorities on judges', state attorneys' and lawyers' discipline. The last part demonstrates how profes

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Books on the topic "Disciplinary offense of a judge"

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Fassin, Didier. Why Does One Punish? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190888589.003.0004.

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Why do we punish? Two major justifications are generally provided. Utilitarianism aims at promoting social welfare by reducing crime. Retributivism seeks to inflict a pain equivalent to the offense committed. Empirical observations conducted in the street with the police, in court with judges, and in prison at disciplinary boards establish that there are many more actual reasons why punishment is inflicted on a person. However, these multiple rationales do not exhaust the explanation. As we are reminded by Nietzsche, there is a form of collective or individual pleasure in the act of punishing,

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Book chapters on the topic "Disciplinary offense of a judge"

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Pashuk, Taras. "Disciplinary Liability of a Judge for a Legal Error: A Threat to Judicial Independence?" In Judicial Power in a Globalized World. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_23.

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Keshavmurthy, Prashant. "Profanations." In Rumba under Fire. punctum books, 2016. https://doi.org/10.21983/p3.0134.1.14.

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In December 2013 a judge of the Indian Supreme Court recriminalized homosexuality under Section 377 of the Indian Penal Code by overturning the Delhi High Court’s earlier decriminalization of it. The Supreme Court judgment declined to even engage the constitutional reasoning adduced by the Delhi High Court when it “read down” 377 “in order to decriminalize private, adult, consensual sexual acts.”3This reasoning argued that 377 infringed Article 14 of the Constitution, “which deals with the fundamental right to equality” and “Article 15, which deals with the fundamental right to nondiscriminati

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Moore, Allan T. "Procedural Justice and the Power of the Judge in the Courtroom." In Global Perspectives on Reforming the Criminal Justice System. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-6884-2.ch012.

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In this chapter, the author conducts a critical analysis and comparison of laws and practices that legitimise discretionary power in the courtroom from a selection of global north and south jurisdictions. The specific offence of contempt of court in facie curiae is the central focus, where the use of full judicial autonomy, summary, and arbitrary hearings have survived now well into the 21st century. The research conducted shows that there is a global problem with significant overreach of power by members of the judiciary in nearly all jurisdictions investigated. In some cases, this could be v

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Hamer, Kenneth. "Double Jeopardy." In Professional Conduct Casebook. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198817246.003.0024.

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The claimant, a police officer, claimed that the double jeopardy rule and/or the doctrine of res judicata precluded the bringing or continuation of disciplinary proceedings in such circumstances. On 14 December 1998, the claimant was charged with conspiracy to pervert the course of justice. At a committal hearing on 17 May 1999, the district judge at Bow Street Magistrates’ Court declined to commit the claimant (and his co-accused) for trial and accordingly discharged them. On 8 June 1999, Eady J refused the Crown’s application for a voluntary bill of indictment on the same charge. The claiman

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mccracken, David. "Life in the Between: Nathan and the Good Samaritan." In The scandal of the gospels. Oxford University PressNew York, NY, 1994. http://dx.doi.org/10.1093/oso/9780195084283.003.0008.

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Abstract In chapter 4, I presented Kierkegaard’s account of offense, which constitutes the ground of my argument, by examining his narratives of offense and the voices of his speakers. His narratives include such oddities as a judge wrestling with the contradiction of offensive corns on the feet of a beautiful woman, as well as the more weighty attempt by Quidam to extricate himself &om an engagement without offending his fiancee. Kierkegaard’s various voices belong to a wide range of characters: the aesthetic Johannes the Seducer, the ethical Judge William, and the differently religious J

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Gordieiev, V. V. "DISCIPLINARY LIABILITY OF A JUDGE." In TOPICAL ISSUES OF PROCEDURAL LAW IN UKRAINE. Baltija Publishing, 2025. https://doi.org/10.30525/978-9934-26-538-9-13.

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Ünver, Yener, and Jocelyne Alayan. "Health-Related Activities in Turkish Football Law." In Medicina, pravo in družba: sodobne dileme IV. University of Maribor Press, 2021. http://dx.doi.org/10.18690/978-961-286-478-1.14.

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Unlawful action cannot be justified even when it is committed in sport or the health field. Although character-wise, both fields are covered by different legal rules, both of them lie under the discipline of law and must be conducted within the rule of law. Theoretically, doping can be considered as fraud, although to this date, no doping actions were incriminated. It is regulated as a disciplinary offense (Turkish Football Federal Disciplinary Directive, art. 61). The usage and possession of drugs by athletes is considered a criminal offense (Turkish Criminal Code, art. 18 & ors.) and a l

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Redish, Martin H. "Judicial Impeachment, Judicial Discipline, and American Constitutionalism." In Judicial Independence and the American Constitution. Stanford University Press, 2017. http://dx.doi.org/10.11126/stanford/9780804792905.003.0004.

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This chapter explores the seeming constitutional contradictions between the provisions guaranteeing federal judicial independence and enabling the political branches to impeach and remove federal judges from office under certain circumstances. The chapter argues that in order to best resolve this apparent contradiction, the impeachment power must be construed narrowly to apply only when the judge has been determined to have committed a criminal offense.

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Hamer, Kenneth. "Judicial Conduct." In Professional Conduct Casebook. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198817246.003.0046.

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The Judicial Discipline (Prescribed Procedures) Regulations 2014 set out the process for dealing with complaints about judicial conduct. The Judicial Conduct Investigations Office (JCIO) is responsible for considering an allegation of judicial misconduct and for assessing whether the behaviour alleged could amount to misconduct. The Regulations provide for the making of rules about the investigation process to be applied in respect of an allegation of misconduct and the appointment of a ‘nominated judge’, whose role is to make a recommendation to the Lord Chancellor and the Lord Chief Justice

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Meron, Theodor. "From Classroom to a Criminal Courtroom." In Standing Up for Justice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198863434.003.0002.

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This chapter discusses the author’s transition from being a teacher to being an international criminal Judge. The life of a Judge is much more circumscribed by rules and traditions than the life of a teacher. Both national and international courts have typically adopted codes of professional and ethical conduct, which often include or are accompanied by disciplinary rules to ensure compliance and accountability. It is important to understand that the core mandate of an international criminal court is to try individuals within a governing legal framework and to determine whether—given the speci

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Conference papers on the topic "Disciplinary offense of a judge"

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Schlachta, Boglárka. "The Disciplinary Cases of the Judges Regarding the Judicial Practice... of the (Royal) Court of Appeal of Budapest (1936–1950)." In International Legal History Meeting of PhD Students. Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-12.

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At the beginning of the indicated time period the disciplinary liability of the judges was governed by Act III of 1936 in Hungary. In the course of my research, I analyse the corresponding judicial practise from 1936 to 1950 based on the sources in the Capital Archives of Budapest. I observed the judicial practice of the disciplinary council of the Royal Court of Appeal of Budapest. During the processing of the cases, I categorized the disciplinary cases according to the subject of the proceedings. As per this categorization, the following ones shall be highlighted: breach of official duty, in

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Semukhin, Oleg. "Conditions And Procedures For Imposing Disciplinary Liability On A Judge." In International Scientific and Practical Conference «MAN. SOCIETY. COMMUNICATION». European Publisher, 2021. http://dx.doi.org/10.15405/epsbs.2021.05.02.233.

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Buha, Milijana. "(Eks)teritorijalno dejstvo načela ne bis in idem." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24138a.

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The extraterritorial effect of the principle ne bis in idem confirms the rule that the court decisions (do not) operate within the borders of national jurisdiction, but the same decisions can be executed in another country, by accepting the idea of freedom of movement of foreign court decisions established, by the Framework Decision on the European Arrest Warrant or by applying the institute of recognition and enforcement of foreign court decisions. On the territory of the European Union it is indisputable the extraterritorial effect of the principle ne bis in idem, but also the interprocsual

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Berdisová, Lucia. "Sudcovská nestrannosť ako súčasť etických kódexov sudcovstva." In Metamorfózy práva ve střední Evropě 2024. University of West Bohemia, Czech Republic, 2024. https://doi.org/10.24132/zcu.metamorfozy.2024.220-233.

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This paper explores various dimensions of judicial impartiality, with a focus on its representation in ethical codes for judges. The discussion is rooted in case studies from Slovak judicial practice – the disciplinary proceedings against Judge Michal Truban. The paper illustrates the complexities judges face when impartiality is questioned. Based on domestic disciplinary aspects, the analysis categorizes aspects of impartiality into procedural, status-related, and ethical dimensions and secondly into procedural, political and ethical as authored by Charles G. Geyh. The paper also sketches the

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Jassim TOMAN, Shaimaa, Aymen Raheem ABDULAALI, and Ruqaya Adel HAMZA. "THE AUTHORTY OF THE ADMINISTRATIVE INVESTIGATION AUTHORTY TO GRANT AMNESTY TO THE EMPLOYEE WHEN REPORTING CASES OF ADMINISTRATIVE AND FINANCIAL CORRUPTION." In III. International Congress of Humanities and Educational Research. Rimar Academy, 2022. http://dx.doi.org/10.47832/ijhercongress3-7.

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Financial and administrative corruption is one of the most important risks facing the economies of the countries of the world, especially the economies of developing countries, as it represents a waste of wealth or its investment in unproductive areas, as well as the theft of the bulk of it by the corrupt, as corruption in its many forms represents a great challenge to societies and governments as a whole, which It requires the existence of effective, integrated and broad plans and efforts, whether at the economic, social, legal, educational, political or security levels, to eliminate this dan

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