Log in

Relevant bibliographies by topics / Disciplinary offense of a judge / Journal articles

To see the other types of publications on this topic, follow the link: Disciplinary offense of a judge.

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

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Disciplinary offense of a judge.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

2

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

3

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

4

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

5

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

6

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

7

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.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

9

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

10

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.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

11

Kleandrov, Mikhail I. "On current problems of the mechanism of liability of judges for disciplinary misconduct: law enforcement practice, general approaches. Part 4. Approaches to improving and improving the efficiency of the organizational and legal mechanism of disciplinary responsibility of judges (The end)." Gosudarstvo i pravo, no. 9 (November 19, 2024): 88–102. http://dx.doi.org/10.31857/s1026945224090072.

Full text

Abstract:

In the final, fourth, part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific e

APA, Harvard, Vancouver, ISO, and other styles

12

Kleandrov, Mikhail I. "On current problems of the mechanism of liability of judges for disciplinary misconduct: law enforcement practice, general approaches Part 4. Approaches to improving and improving the efficiency of the organizational and legal mechanism of disciplinary responsibility of judges (Continuation)." Gosudarstvo i pravo, no. 8 (October 27, 2024): 61–73. http://dx.doi.org/10.31857/s1026945224080063.

Full text

Abstract:

In the final, fourth part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific ex

APA, Harvard, Vancouver, ISO, and other styles

13

Kleandrov, Mikhail I. "On current problems of the mechanism of liability of judges for disciplinary misconduct: law enforcement practice, general approaches. Part 4. Approaches to improving and improving the efficiency of the organizational and legal mechanism of disciplinary responsibility of judges." Gosudarstvo i pravo, no. 7 (September 13, 2024): 115–25. http://dx.doi.org/10.31857/s1026945224070107.

Full text

Abstract:

In the final, fourth part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific ex

APA, Harvard, Vancouver, ISO, and other styles

14

Kondratova, І. D. "VIOLATION OF NORMS OF JUDICIAL ETHICS AS A BASIS FOR DISCIPLINARY RESPONSIBILITY OF A JUDGE." Herald of criminal justice, no. 1-2 (2022): 253–63. http://dx.doi.org/10.17721/2413-5372.2022.1-2/253-263.

Full text

Abstract:

Judicial ethics, which permeates the professional status of a judge, is reflected in absolutely all its elements and interacts with them. The institution of disciplinary responsibility of a judge, which plays an extremely important role for judicial ethics, is no exception. The purpose of the article is to research the norms of judicial ethics in their interrelationship with the disciplinary responsibility of the judge that occurs in case of their violation. Based on the analysis of the norms of the current legislation, decisions of the European Court of Human Rights and disciplinary practice

APA, Harvard, Vancouver, ISO, and other styles

15

Siwierska, Anna Maria. "Odpowiedzialność dyscyplinarna sędziego w Polsce w świetle wyroku TS UE z 15 lipca 2021 r., C-791/19. Aspekty materialne i procesowe." Radca Prawny, no. 4 (29) (February 2022): 12–29. http://dx.doi.org/10.4467/23921943rp.21.031.15408.

Full text

Abstract:

Disciplinary liability of a judge in Poland in light of the CJEU judgment of July 15, 2021, case file no. C-791/19. Material and procedural aspects The article analyses the judgment in case file no. C-791/19 (European Commission v. Republic of Poland) in the context of contra legem judicature. It outlines the boundary between disciplinary proceedings, which are inconsistent with EU standards, and the control area necessary to maintain consistency and uniformity in the application of the law and its established interpretation. The article presents a thesis that the way in which the disciplinary

APA, Harvard, Vancouver, ISO, and other styles

16

Клеандров, Михаил, and Mikhail Klyeandrov. "On the Defectiveness of the Formula of a Disciplinary Offense of a Russian Judge." Journal of Russian Law 6, no. 4 (2018): 1. http://dx.doi.org/10.12737/art_2018_4_11.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Rahimzai, Hisamudin, and Naqibulla Mushfiq. "Ta’zir Punishment and Delegated Authority in Accordance with Islamic Jurisprudence and Afghanistan’s Enacted Laws." Integrated Journal for Research in Arts and Humanities 3, no. 5 (2023): 1–14. http://dx.doi.org/10.55544/ijrah.3.5.1.

Full text

Abstract:

Ta’zir punishment is the punishment of acts that do not have certain legal penalties, whether it is violating the rights of Allah (SWT), the rights of others, or the public interest. The legal basis of Ta’zir punishment is from the Holy Qur’an, the Prophetic Hadiths, the consensus of the Muslim community, and personal reasoning. In Islamic Sharia, there are many types of Ta’zir punishments, which range from advice up to execution, in consideration of the public order and interests of the community. In Ta’zir punishments, the determination of a sentence for the offender is subject to the author

APA, Harvard, Vancouver, ISO, and other styles

18

Adib, Muhammad, Sri Kusriyah Kusriyah, and Siti Rodhiyah Dwi Istinah. "The Giving Of Disciplinary Penalty of Civil Servants Based On Government Regulation Number 53 of 2010 in Governments of Demak Regency." Jurnal Daulat Hukum 2, no. 4 (2020): 443. http://dx.doi.org/10.30659/jdh.v2i4.8239.

Full text

Abstract:

Government Regulation No. 53 of 2010 regarding the discipline of the Civil Servant loading obligations, prohibitions, and disciplinary action which could be taken to the Civil Servant who has been convicted of the offense, is intended to foster a Civil Servant who has committed an offense, the form of disciplinary punishment is mild, moderate, and weight. Disciplinary punishment for the Civil Servant under Government Regulation No. 53 of 2010 Concerning the Discipline of Civil Servants. The formulation of this journal issue contains about how the process of disciplinary punishment, and constra

APA, Harvard, Vancouver, ISO, and other styles

19

Rybalko, Volodymyr, and Zhanna Simonyshyna. "Disciplinary liability of judges under subparagraph (a) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges»." Slovo of the National School of Judges of Ukraine, no. 1(42) (September 4, 2023): 41–56. http://dx.doi.org/10.37566/2707-6849-2023-1(42)-4.

Full text

Abstract:

Based on specific examples (in particular, from the case law of the Grand Chamber of the Supreme Court), the author highlights which offenses of a judge are qualified under subparagraph (1) of paragraph 1 of Article 106 of the Law of Ukraine «On the Judicial System and Status of Judges». The author emphasizes that subparagraph (a) provides for three separate grounds for disciplinary liability of judges (1) unlawful refusal to administer justice (including unlawful refusal to consider claims, appeal and cassation claims on the merits, etc; (2) significant violation of procedural law in the admi

APA, Harvard, Vancouver, ISO, and other styles

20

Melnik, Oleksiі, and Volodymyr Rybalko. "Differentiation of grounds for disciplinary liability of judges." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 47–63. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-3.

Full text

Abstract:

The article focuses on the distinction between the grounds for disciplinary liability of judges. It is noted that the main reason for different qualification of similar violations of judges is a large number of evaluative concepts among the grounds for disciplinary liability. The corpus delicti of judicial misconduct have a large number of similar features in terms of content, and therefore the practice of their application is complex and controversial. The issue of distinguishing between the elements of disciplinary misconduct requires special attention, since the severity of the type of pena

APA, Harvard, Vancouver, ISO, and other styles

21

Nikitina, A. V. "Limitation periods for bringing a judge to disciplinary responsibility: legislative and law enforcement problems." Law Enforcement Review 9, no. 2 (2025): 97–107. https://doi.org/10.52468/2542-1514.2025.9(2).97-107.

Full text

Abstract:

The subject. The existence of limitation periods for bringing to any type of legal liability is intended to ensure legal certainty and stability of legal relations, aimed at protecting a person from the threat of being subject to adverse consequences for an unreasonably long time.The purpose of the study is to analyze the provisions of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” establishing limitation periods for bringing a judge to disciplinary responsibility, and the practice of their application by the Supreme Court of the Russian Federation and qu

APA, Harvard, Vancouver, ISO, and other styles

22

Leshchina, E. L. "Scientiﬁc and Theoretical Characteristics of the Stage of a Disciplinary Case Consideration and Decision-Making". Lex Russica 75, № 8 (2022): 47–57. http://dx.doi.org/10.17803/1729-5920.2022.189.8.047-057.

Full text

Abstract:

The paper is devoted to the characteristics of legal relations arising at the stage of consideration of a disciplinary case and decision-making within the framework of disciplinary proceedings brought against civil servants. The study explains the content of this stage, mental and practical operations, procedural actions undertaken to establish objective truth in an individual and specific case, the final legal assessment of the established facts and circumstances by the person in charge.The paper substantiates that a disciplinary case consideration and decision making constitutes a stage of p

APA, Harvard, Vancouver, ISO, and other styles

23

Bzova, L. G. "Subjects of disciplinary proceedings against a judge under the legislation of Ukraine and Spain: comparative legal analysis." Analytical and Comparative Jurisprudence 3, no. 3 (2025): 254–58. https://doi.org/10.24144/2788-6018.2025.03.3.39.

Full text

Abstract:

Disciplinary liability of judges is one of the key mechanisms of holding judges accountable. States are called upon to regulate this area, balancing two main interests – the need to ensure functional mechanisms of judicial accountability and to ensure real independence of judges. The main international legal instruments on the disciplinary liability of judges stipulate that states shall provide clear rules for which judges may be disciplined, excluding disciplinary liability for minor offences and for the interpretation of laws and facts. Disciplinary proceedings should either be conducted by

APA, Harvard, Vancouver, ISO, and other styles

24

Momotov, Viktor V. "Judicial Discretion, Judicial Errors and Disciplinary Responsibility of Judges: Current Issues." Rossijskoe pravosudie, no. 5 (April 25, 2024): 5–17. http://dx.doi.org/10.37399/issn2072-909x.2024.5.5-17.

Full text

Abstract:

This article analyses the concept of miscarriage of justice in the context of disciplinary responsibility of judges. In the first part of the article the author proves the necessity and inevitability of judicial discretion as a tool to ensure the consistency of legal regulation, and also raises the problem of the limits of judicial discretion. It is argued that disciplinary measures should be applied only in exceptional cases, otherwise the independence of the judge will not be ensured. With this in mind, the second part of the article defines the relationship between the concepts of “discipli

APA, Harvard, Vancouver, ISO, and other styles

25

Nesterenko, D. "Termination of powers and dismissal of judges of the Constitutional Court of Ukraine as an element of their constitutional and legal status." Uzhhorod National University Herald. Series: Law 1, no. 76 (2023): 103–8. http://dx.doi.org/10.24144/2307-3322.2022.76.1.15.

Full text

Abstract:

The article is devoted to the study of certain aspects of the legal status of a judge of the Constitutional Court of Ukraine, which includes guarantees for ensuring his professional activity, which are currently updated in the order of termination of powers and dismissal, the definition of requirements for a person who has the right to occupy the position of a judge of the Constitutional Court of Ukraine, and how the result of the proper procedure for the appointment or election of a judge to the body of constitutional jurisdiction. The author considered the national constitutional legislation

APA, Harvard, Vancouver, ISO, and other styles

26

Kelman, Mykhailo. "The Principle of Justice as a Requirement of Judicial Procedure." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 12, no. 46 (2025): 122–29. https://doi.org/10.23939/law2025.46.122.

Full text

Abstract:

In order to find law, its instrumental component, i.e., the rules of law, are not law by themselves (this position is advocated by foreign researchers). What determines law is its functional component, i.e., the procedure of application to different people and different situations. The doctrinal changes in approaches to understanding the essence of legal proceedings and their purpose, the transition to the principle of adversarial proceedings could not affect both the process of judicial cognition and its results. A fair trial is carried out as a result of guaranteeing equality of the parties

APA, Harvard, Vancouver, ISO, and other styles

27

Khomyshyn, I. "Legal mechanism of dismissal and termination of judge authorities: problem aspects." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 645–51. http://dx.doi.org/10.24144/2788-6018.2023.04.101.

Full text

Abstract:

The article identifies the problems of the legal mechanism for the dismissal and termination of a judge’s powers, formulates directions for improving the legislation of Ukraine, which regulates the dismissal of a judge from office and the termination of his official powers. The following problems of the legal mechanism for the dismissal and termination of a judge’s powers have been identified: 1) constant changes in the legislation lead to the presence of a number of transitional provisions, differentiation of the grounds and mechanism for the termination of a judge’s legal status; 2) the uneq

APA, Harvard, Vancouver, ISO, and other styles

28

Kleandrov, Mikhail I. "On current problems of the mechanism of liability of judges for disciplinary misconduct: Law enforcement practice, general approaches Part 3. On disciplinary liability of retired judges." Gosudarstvo i pravo, no. 6 (September 6, 2024): 55–67. http://dx.doi.org/10.31857/s1026945224060043.

Full text

Abstract:

In the present article, the third in the series devoted to a perspective of disciplinary responsibility of judges features of the mechanism of disciplinary responsibility of the judges staying in resignation are considered. Two groups of the judges staying in resignation are considered: a) “vacationers” as pensioners or working in the positions permitted by the law; b) called according to the legislation for direct implementation of justice for a certain term. The author pays attention that disciplinary this type of responsibility of judges-retirees is conditional, in the law it is not called

APA, Harvard, Vancouver, ISO, and other styles

29

Horinov, P. V. "INTERNATIONAL STANDARDS FOR THE FORMATION OF THE CORPS OF JUDGES AS THE BASIS OF IMPROVING THE GUARANTEES OF INDEPENDENCE OF THE COURT AND JUDGES." Actual problems of native jurisprudence, no. 06 (March 2, 2020): 52–56. http://dx.doi.org/10.15421/391993.

Full text

Abstract:

The article is devoted to the general characterization of the international standards for the formation of the corps of judges and the corresponding administrative procedures as a basis for improving the guarantees of independence of the court and judges, to determine on this basis the key ways of introducing these standards into the domestic system of legislation in order to resolve specific and specific other issues. It is substantiated that it is expedient to organize the international standards of formation of the corps of judges in the context of guaranteeing the independence of the court

APA, Harvard, Vancouver, ISO, and other styles

30

Kuziv, H., and O. Ilnytskyi. "Legislative determination of the grounds for disciplinary liability of judges as a guarantee of their independence and the efficiency of the functioning of the judicial power." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 361–68. http://dx.doi.org/10.24144/2788-6018.2024.03.62.

Full text

Abstract:

The article is devoted to the issues of improving the institution of disciplinary liability of judges which will guarantee avoidance of the loss of the authority of justice due to unprofessionalism or open illegality of the use of the judicial power granted to individual judges, with certain “fuses” for the possibility of extra-procedural pressure on judges. The purpose of the article is to formulate scientifically based conclusions on the necessity of enshrining in law the elements of disciplinary offenses as legislative determination for bringing judges to disciplinary responsibility, to det

APA, Harvard, Vancouver, ISO, and other styles

31

Stratonov, Vasyl, and Volodymyr Rybalko. "DISCIPLINARY ACTION AGAINST JUDGES ACCORDING TO SUBCLAUSE “B” OF CLAUSE 1 OF ARTICLE 106 OF THE LAW OF UKRAINE ON THE JUDICIARY AND THE STATUS OF JUDGES." Archives of Criminology and Forensic Sciences 7, no. 1 (2023): 61–70. http://dx.doi.org/10.32353/acfs.7.2023.04.

Full text

Abstract:

Using specific examples (in particular from the practice of the Grand Chamber of the Supreme Court), the research analyzes and describes which offenses by a judge are classified under subclause “b” of clause 1 of Article 106 of the Law of Ukraine On the Judiciary and the Status of Judges (omission to include the reasons for accepting or rejecting the arguments of the parties on the merits of the dispute into the court decision).  Research papers have been reviewed and information regarding the development and current state of this issue has been provided.  Controversial issues of a

APA, Harvard, Vancouver, ISO, and other styles

32

Malashenkova, Tetiana. "Principles of disciplinary liability of a judge in the case law of the European Court of Human Rights." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 151–54. http://dx.doi.org/10.36695/2219-5521.4.2020.26.

Full text

Abstract:

The article analyzes the key decisions of the European Court of Human Rights in cases against Ukraine in order to implementthe principles of disciplinary liability of judges.Particular attention should be paid not only to the procedural but also to the substantive aspects, as the applicant’s dismissal inthe case did not comply with the rule of law. This concerned the disclosure of the content of such grounds for disciplinary liability as“violation of the oath of a judge”, the content of which was not disclosed by law at the time of the decision to dismiss the applicant.According to the ECtHR,

APA, Harvard, Vancouver, ISO, and other styles

33

Ablaeva, Elvira Bekbolatovna. "DISCIPLINARY LIABILITY OF KAZAKHSTAN JUDGES: HISTORICAL AND MODERN ASPECTS." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 1 (2025): 56–67. https://doi.org/10.52026/2788-5291_2025_80_1_56.

Full text

Abstract:

The presented work is devoted to the issue of disciplinary liability of Kazakhstani judges under the legislation of the Republic of Kazakhstan for committing any disciplinary offense incompatible with judicial office, infringing on legality and contrary to judicial ethics, their grounds, conditions, procedure and consequences of imposing disciplinary punishment. The work actualizes the unresolved problems of challenging the legality of decisions, appealing against the legality of actions or omissions of bodies of the judicial community authorized by law to carry out disciplinary proceedings ag

APA, Harvard, Vancouver, ISO, and other styles

34

Stępień-Załucka, Beata. "REMARKS ON DISCIPLINARY LIABILITY OF A RETIRED JUDGE. SELECTED COMPARATIVE CONSIDERATIONS." Novos Estudos Jurídicos 24, no. 1 (2019): 250. http://dx.doi.org/10.14210/nej.v24n1.p250-261.

Full text

Abstract:

The problems of the judiciary, in some countries, seem to haverecently become an important dilemma of constitutional law. One such issue is the issue of retired judges, who at the end of their judicial careers still remain judges, but in a retired state. This raises a wide range of issues, including the proper conduct and behaviour of such judges. Under the rules of many countries in force in this area, such judges are still subject to what is termed disciplinary responsibility and may be held liable for offences committed outside the service, as well as for those committed in the course of th

APA, Harvard, Vancouver, ISO, and other styles

35

Kravchuk, M. "The role of Court in cases of bringing to vicarious responsibility of military servicemen of the Armed Forces of Ukraine." Theory and practice of jurisprudence 2021, (VOL 1) 19 (2021): 7. https://doi.org/10.21564/2225-6555.2021.19.230240.

Full text

Abstract:

<em>Considering Ukraine’s focus on increasing the state’s defence potential, the state of military discipline in recent years has become important for independence and territorial integrity of Ukraine, both due to aggression of a foreign enemy as an external factor and given the increase in the number of people having the status of military servicemen as an internal factor. At the same time, due to the obsolescence and imperfection of provisions of the Code of Ukraine on Administrative Offences, including in terms of settlement of the issue of transformation of general responsibili

APA, Harvard, Vancouver, ISO, and other styles

36

Shveda, B. "Specificity of judicial discretion in the administrative-jurisdictional process." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 421–25. http://dx.doi.org/10.24144/2788-6018.2023.01.72.

Full text

Abstract:

The article examines the specifics of judicial discretion in the administrative-jurisdictional process based on a complex systematic analysis from the standpoint of the modern understanding of administrative law with the use of general scientific and special methods of learning legal phenomena. Current administrative legislation distinguishes the administrative process in the resolution of administrative disputes, in proceedings in cases of administrative offenses and disciplinary proceedings, in the implementation of positive administrative procedures of a permit, registration and other natur

APA, Harvard, Vancouver, ISO, and other styles

37

Glazunova, I. V., and A. V. Nikitina. "Early termination of a judge's powers as a measure of legal responsibility: problems of legal regulation and law enforcement." Law Enforcement Review 7, no. 4 (2024): 126–35. http://dx.doi.org/10.52468/2542-1514.2023.7(4).126-135.

Full text

Abstract:

The subject of the study is the theoretical, legislative and practical application problems of the early termination of a judge as a measure of legal responsibility. According to the authors' opinion there are several problems: the lack of scientific and legislative unity on the issue of the sectoral nature of this measure; the unsystematic, uncoordinated nature of legislation and law enforcement practice; the apparent discrepancy of the Law of the Russian Federation “On the Status of Judges in the Russian Federation” (hereinafter - the Status of Judges) which regulates the grounds and procedu

APA, Harvard, Vancouver, ISO, and other styles

38

Derzsi, Julia. "Guilds, Guild Unions, Guild Courts in Transylvanian Saxon Towns in the Sixteenth Century." Historical Studies on Central Europe 4, no. 2 (2024): 204–35. https://doi.org/10.47074/hsce.2024-2.11.

Full text

Abstract:

Under the auspices of the Universitas, the common self-governing body of the Transylvanian Saxon towns and seats, the guilds’ statutes were revised between 1539 and 1582: obsolete rules were abolished, and new ones were introduced where they had not existed before. According to the literature, this process marked a turning point in the relationship between the municipal authorities and the guilds, insofar as the town councils intervened in the guilds’ internal affairs, particularly in their powers to judge misconduct and disciplinary offences. But even before the new regulations, the guilds’ p

APA, Harvard, Vancouver, ISO, and other styles

39

Shcherbanyuk, Oksana, Nadiya Ilchyshyn, Tetiana Stepanova, and Alexander Posashkov. "International and foreign experience of control over the activity of courts (judges)." DIXI 22, no. 1 (2020): 1–11. http://dx.doi.org/10.16925/2357-5891.2020.01.08.

Full text

Abstract:

This article, based on the analysis of scientific views of scholars, summarizes the foreign experience of control over the activity of courts (judges). After summarizing the experience of Germany, it is stated that the legal mechanism of control over judges in this country is characterized not only by the differentiation of the distribution of supervisory powers at the federal and regional levels, but also by the active involvement of executive and legislative bodies. It is established that the existing foreign experience of control and supervision over thework of judges is quite diverse and c

APA, Harvard, Vancouver, ISO, and other styles

40

Kiseleva, A. Zh. "Disciplinary Liability of Employees: Analysis of Acting Legislation and Directions for Its Improvement." Legal Order and Legal Values 3, no. 1 (2025): 66–74. https://doi.org/10.23947/2949-1843-2025-3-1-66-74.

Full text

Abstract:

Introduction. The dynamic development of labour relationships and implementation of the new forms of employment, such as distant work, taking place in our state at the present stage of its life cycle, stimulate the legislators to constantly improve the legal norms of employee-employer relationship regulation. Thus, in the last two years, the legal norms regulating labour of the certain categories of employees, the issues of documenting labour relationships, managing and arranging payment for mentors, etc. have been significantly updated. At the same time, one of the important institutions of l

APA, Harvard, Vancouver, ISO, and other styles

41

Hdanskyi, Nazar. "Cases of violation of guarantees of independence of judges by law enforcement agencies and individuals." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 42 (2024): 19–28. http://dx.doi.org/10.23939/law2024.42.019.

Full text

Abstract:

The European Charter on the Statute for Judges establishes the “right to appeal” for every judge if he/she believes that there is a threat to his/her independence or the independence of the legal process, or if this independence is somehow violated, and in such a case, he/she can refer the matter to an independent body. This means that judges are not left defenseless in cases of encroachments on their independence. The right to appeal is a necessary guarantee, otherwise, it would remain merely a desire to establish principles aimed at protecting judges if they are not consistently supported by

APA, Harvard, Vancouver, ISO, and other styles

42

Kolos, B., and N. Lobaz. "What should be the judicial system of Ukraine?" Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 20, no. 86 (2018): 121–24. http://dx.doi.org/10.15421/nvlvet8623.

Full text

Abstract:

The article outlines the proposed model for Ukraine of a new highly effective judicial system in which corruption and bribery will be impossible. It will be transparent, understandable, fair, transparent and accountable to Ukrainian citizens. After all, Ukraine has been shocking for the third decade by a mess in the state-government system. These are chaotic actions by government officials, the police, the SBU, the prosecutor's office and the courts. Therefore, this problem is complex. Because the occurrence of a problem in any process means that managing it is wrong. That is why Ukraine needs

APA, Harvard, Vancouver, ISO, and other styles

43

Akhundova, Konul. "INTERNATIONAL AND NATIONAL LEGAL MECHANISMS OF JUDICIAL LIABILITY IN THE CONDITIONS OF ECONOMIC GLOBALISATION OF MODERN SOCIETY." Baltic Journal of Economic Studies 10, no. 5 (2024): 64–75. https://doi.org/10.30525/2256-0742/2024-10-5-64-75.

Full text

Abstract:

The subject matter of the study is the conceptual, theoretical, empirical, methodological and applied foundations of international and national legal mechanisms of judicial liability in the context of economic globalisation of modern society. Methodology. The present study employed a combination of general scientific and special legal methodologies. Through meticulous analysis, the quantitative and qualitative characteristics of the economic and legal essence of an independent and impartial judiciary as the nation's sole arbiter of justice were systematically delineated. The synthesis yielded

APA, Harvard, Vancouver, ISO, and other styles

44

Hdanskyi, Nazar. "On the question of holding a judge to responsibility for a judicial decision adopted by him." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 272–82. http://dx.doi.org/10.23939/law2023.40.272.

Full text

Abstract:

Abstract. Titan of labor Ivan Franko and Metropolitan Andrey Sheptytskyi wrote: "Love Ukraine not with a stream of loud and noisy phrases, but with quiet and tireless work. Loud, phraseological and, to a greater extent, insincere, because patriotism not supported by deeds must give way to respectable, silent, but deeply felt patriotism, which manifests itself not in words, but in work." Under the influence of information and political campaigns, society often uncritically accepts as its own the populist and dangerous words of public figures who, not knowing the true state of affairs in the jud

APA, Harvard, Vancouver, ISO, and other styles

45

Bonham, Oliver, David Abbott, and Andrew Waltho. "An International Review of Disciplinary Measures in Geoscience—Both Procedures and Actions." Geoscience Canada 44, no. 4 (2017): 181–90. http://dx.doi.org/10.12789/geocanj.2017.44.126.

Full text

Abstract:

As professional communities around the world, geoscientists have in place disciplinary measures and, over time, instances have occurred which have required disciplinary actions to be taken against individuals. Geoscientists have specialized knowledge and provide expertise on which others rely for important decision- making. Geoscientists are best positioned to judge the scientific/technical and ethical merits of the work of other geoscientists. They are considered professionals and for that reason, society has placed the onus on the profession to govern itself. Consequently, it is important th

APA, Harvard, Vancouver, ISO, and other styles

46

Kravchuk, Maria. "The role of Court in cases of bringing to vicarious responsibility of military servicemen of the Armed Forces of Ukraine." Theory and practice of jurisprudence 1, no. 19 (2021): 7. http://dx.doi.org/10.21564/2225-6555.2021.19.230240.

Full text

Abstract:

Considering Ukraine’s focus on increasing the state’s defence potential, the state of military discipline in recent years has become important for independence and territorial integrity of Ukraine, both due to aggression of a foreign enemy as an external factor and given the increase in the number of people having the status of military servicemen as an internal factor. At the same time, due to the obsolescence and imperfection of provisions of the Code of Ukraine on Administrative Offences, including in terms of settlement of the issue of transformation of general responsibility of servicemen

APA, Harvard, Vancouver, ISO, and other styles

47

Kil, Jan. "DISCIPLINARY LIABILITY OF JUDGES OF THE CONSTITUTIONAL TRIBUNAL IN THE POLISH LEGAL ORDER PART II." Roczniki Administracji i Prawa 2, no. XXIII (2023): 177–97. http://dx.doi.org/10.5604/01.3001.0053.6802.

Full text

Abstract:

This article is devoted to the problems of disciplinary liability of judges of the Constitutional Tribunal in the Polish legal order. The second part of the study discusses the subjective and objective scope of disciplinary liability of judges of the Constitutional Tribunal. In this context, the article considers specifically the constituent elements of a disciplinary offence and temporal limits of disciplinary liability of the Tribunals judges. In the second part of the study, also the course of disciplinary proceedings was presented and conclusions were given, including proposals de lege fer

APA, Harvard, Vancouver, ISO, and other styles

48

Hdanskyi, Nazar. "Inacceptability of influence by prosecutors and lawyers on the activities of judges." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 41 (2024): 58–67. http://dx.doi.org/10.23939/law2024.41.058.

Full text

Abstract:

Prosecutors and lawyers, whose work involves ensuring the application of the law and, at the same time, diligently respecting court decisions, the enforcement of which is often their duty, must protect the right to appeal during their execution. It is clear that the reverse is also true: judges must respect prosecutors as representatives of these professional bodies and not interfere with the performance of their duties. According to Article 124 of the Constitution of Ukraine, judicial decisions are binding throughout the territory of Ukraine and are therefore considered lawful until they are

APA, Harvard, Vancouver, ISO, and other styles

49

Kirana, Adhelia Putri Nabila Zalfa Pramudita Antasia Diva Pramesti Islami Nabila Adifia Azzahra Irwan Triadi. "Analisis Yuridis Hukum Pidana Militer dalam Perkara Nomor 231-K/PM.II-08/AD/X/2020." Madani: Jurnal Ilmiah Multidisiplin 1, no. 10 (2023): 519–31. https://doi.org/10.5281/zenodo.10157175.

Full text

Abstract:

<i>The military court as the administrator of judicial power has a role in enforcing the law against perpetrators of LGBT crimes so that the Panel of Judges hearing the case is able to provide good and complete considerations according to the facts at trial through their legal considerations. One of them is the case of Arnold Martumoga Siburian, in the decision with Case Number 231-K/PM II-08/AU/XII/2020, who was proven to have committed acts of same-sex sexual relations. This research uses normative legal analysis, where the law is usually stated in law or made into laws or principles that be

APA, Harvard, Vancouver, ISO, and other styles

50

Atour, Rana. "The Punitive Authorities of Independent Administrative Bodies and Its Role in Widening the Circle of Criminality." International Law Research 6, no. 1 (2017): 156. http://dx.doi.org/10.5539/ilr.v6n1p156.

Full text

Abstract:

The punitive authorities of independent administrative bodies and their role in the widening circle of criminality have been the main focus of the study. The study has evaluated the criminal justice agencies, such as the French Constitutional Council and the European Court of Human Rights. Some domestic courts have been playing a vital role in enhancing the criminal proceedings for administrative offences. The role of penal legislation is essential to find, so the study reviewed the role of punitive authorities of independent administrative bodies in widening the circle of criminality. The ind

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!