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Journal articles on the topic 'Judges independence guarantees'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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1

Pushkar, S. "Ensuring the independence of judges as a guarantee of their activities." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 336–41. http://dx.doi.org/10.24144/2307-3322.2023.78.2.54.

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The article focuses on the principle of independence of judges and its importance branch of power. The number of cases of violations of the independence of judges was analyzed based on statistical indicators of the High Council of Justice. The trend towards a decrease in the number of cases of interference in judicial activity during 2020-2022 is highlighted. Assumption is made regarding the number of reports of actions that violate guarantees of the independence of judges or undermine the authority of the judicial branch of power, which will arrive in 2023.The author analyzed the approaches t
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2

Баранков, Владимир, and Vladimir Barankov. "Guarantees for Judges at Work: Allowance and Pension Coverage for Retired Judges." Journal of Russian Law 4, no. 5 (2016): 0. http://dx.doi.org/10.12737/19232.

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This scientific article deals with social guarantees for judges at work. Social support for retired judges forms an integral part of social security and is one of the labor guarantees of the rights for judges. The article tackles the question of financial security of judges, which is one of the guarantees of the independence of judges. The subject of the study is the special status of retired judges, which guarantees proper administration of justice, and permits to impose high requirements to judges and allows keeping confidence in their competence and independence. The article also considers
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3

Tulaganova, Gulchekhra, and Albina Tadjibaeva. "GUARANTEES OF TRUE INDEPENDENCE OF JUDGES." JOURNAL OF LAW RESEARCH 6, no. 3 (2021): 84–92. http://dx.doi.org/10.26739/2181-9130-2021-3-11.

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This article examines the reforms and main tasks of the judicial system in our country. Also, the analysis of the history of the judicial system, issues of ensuring the true independence of judges, the requirements for judges today, the experience of foreign countries in the organizational support of the judicial system. In addition, the issues of disciplinary responsibility of judges and further improvement of the judicial system were analyzed. The independence of the judiciary was emphasized as a prerequisite for the recognition, full provision and true protection of human rights
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4

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.

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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
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5

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.

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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
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6

Fedina, A. S. "Interaction of the principle of independence of judges and the principle of independence of advocacy in civil proceedings." Juridical Journal of Samara University 8, no. 2 (2022): 70–77. http://dx.doi.org/10.18287/2542-047x-2022-8-2-70-77.

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The article examines the forms of interaction of the eponymous principle of independence in the professional activities of a pleader and a judge in a civil process. The conditions of independence are necessary for the judge and the pleader to be free in political, economic and intellectual terms for the qualitative implementation of professional activities. The author concludes that the independence of a pleader, as well as the independence of judges, has its own limits in subordination to Constitution of Russian Federation and the law, guarantees of the independence of pleaders and judges are
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7

Gizatullin, Irek Al'fredovich. "Procedure Independence of Judges:the Nature and Problems of Security." Russian Journal of Legal Studies 6, no. 1 (2019): 105–15. http://dx.doi.org/10.17816/rjls18477.

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The independence of judges as a guarantee of the exercise of justice is an axiological imperative, the need to ensure which is recognized by any state that has accepted the theory of separation of powers. The issues of establishing an independent court have always been and continue to be decisive in the conduct of judicial reforms in the country aimed at building a strong, independent and accessible judiciary.The paper draws attention to the special significance of procedural (criminal procedure) guarantees in the system of legislative measures to ensure the independence of judges, since they
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8

Hudyma, Vitaliy. "International Standards for the Formation of the Judiciary as a Basis for Improving the Guarantees of Independence of the Court and Judges in Ukraine." Path of Science 7, no. 5 (2021): 4011–20. http://dx.doi.org/10.22178/pos.70-9.

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The article covers the international standards and reveals their features in the context of the formation of the judiciary as a basis for improving the guarantees of independence of the court and judges. It is established that the reorganization of the judiciary will affect the relationship between the Supreme Council of Justice and the Supreme Qualification Commission of Judges of Ukraine. Ensuring the independence of the judiciary is currently one of the main priorities of this reorganization. It is determined that the main principles of independence of the judiciary and judges are legality,
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9

Баранков, Владимир, and Vladimir Barankov. "Guarantees of Provision of Social Protection of Judges." Journal of Russian Law 1, no. 12 (2013): 86–93. http://dx.doi.org/10.12737/1551.

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The concept of social protection of judges — one of the most important guarantees of ensuring their independence is analyzed; classification of social guarantees of judges is given. Questions of life insurance and health of judges, coordination of relationship of judges and members of their families with territorial bodies of health care and the medical organizations are considered.
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10

Hdanskyi, Nazar. "Measures to ensure the institutional independence of the judiciary." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 283–93. http://dx.doi.org/10.23939/law2023.40.283.

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Abstract. In accordance with international legal standards in Ukraine, the independence of judges is guaranteed by the Constitution (part one of Article 126). It is prohibited to influence the judge in any way (part two of Article 126 of the Constitution of Ukraine). Also, the first part of Article 129 of the Basic Law of Ukraine states that a judge, when administering justice, is independent and governed by the rule of law. The institutional independence of the judiciary is implicitly embodied at the level of the text of the Constitution of Ukraine, in addition to the above-mentioned norms, a
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11

Гущина, Нина, and Nina Gushchina. "Independence of Judges as a Prerequisite for Fair and Unbiased Justice." Journal of Russian Law 4, no. 5 (2016): 0. http://dx.doi.org/10.12737/19231.

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The article focuses on the system of measures for preventing corruption in the courts of general jurisdiction, in conjunction with the problem of strengthening the guarantees of independence of judges. With social significance of the judicial system rising, the need has redoubled for finding measures of strengthening guarantees of independence of judges, prevention of corruption in the court system, enhancing public confidence and trust in justice, increasing the openness of the judicial system for the needs of the civil society. To resolve the task in hand, the author carries out a comparativ
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12

Plodystyi, V. Ya, and Ye S. Promskyi. "GUARANTEES OF INDEPENDENCE OF LAWYERS IN COMPARISON WITH GUARANTEES OF INDEPENDENCE OF JUDGES AND PROSECUTORS." Juridical scientific and electronic journal 6 (2019): 412–15. http://dx.doi.org/10.32782/2524-0374/2019-6/100.

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13

Vitkova, V. S., and Y. O. Hrabova. "On the Issue of Judges’ Salary as an Element of the Constitutional and Legal Status of Judges." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (2020): 27–36. http://dx.doi.org/10.32631/v.2020.4.02.

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The article focuses on the use of the categories of «permanent population» and «existing population» while applying the regional coefficients in determining the basic amount of salary of a judge, since the judge’s salary guarantees the independence of the judge and is an integral part of his constitutional legal status. Attention is drawn to the fact that, since the judge’s salary can be determined only by the Law of Ukraine «On Judicial System and Status of Judges» the issue of the uniqueness of the application of regional coefficients requires an additional focus of scholars and practitioner
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14

Savchyn, Mykhailo. "Institutional guarantees of judicial independence and integrity of judges." Slovo of the National School of Judges of Ukraine, no. 1(50) (May 2, 2025): 12–29. https://doi.org/10.37566/2707-6849-2025-1(50)-1.

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As a complex mini-system, the judiciary has internal reserves to ensure its independence, which is crucial in guaranteeing the separation of powers and protection of human rights. The article presents the institutional guarantees of judicial independence and integrity of judges. In this context, the author reveals the role of courts in ensuring the foundations of the constitutional state, particularly under martial law, and the prospects for the development of the military justice institution. The author identifies the main aspects of institutional sustainability and capacity of the judiciary
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15

Ryabtsevaй, Ekaterina V. "Problems of Ensuring the Independence of the Judiciary in Modern Conditions." Rossijskoe pravosudie, no. 11 (October 17, 2024): 322–40. http://dx.doi.org/10.37399/issn2072-909x.2024.11.32-40.

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The principle of independence of the judiciary and guarantees for its implementation are considered through the prism of the institutional structure and functioning of the judicial system. The influence of presidential power on the formation of the judiciary is studied, which does not fully contribute to ensuring the independence of the court. The role of qualification boards of judges as bodies of the judicial community in the formation of the judiciary is considered. Particular attention is paid to the formation of the court apparatus, which ensures the administration of justice, creates add
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16

Stefanchuk, М. "APPROXIMATION OF GUARANTEES OF INDEPENDENCE OF PROSECUTORS AND JUDGES IN UKRAINE: IN SEARCH OF PREREQUISITES AND TRENDS." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studie, no. 121 (2022): 74–80. http://dx.doi.org/10.17721/1728-2195/2022/2.121-13.

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Some aspects of the convergence of guarantees of independence of prosecutors and judges in Ukraine, due to constitutional changes in the judiciary, are highlighted in the paper. The purpose of the article is to sort out the prerequisites and identify trends in the convergence of guarantees of independence of prosecutors to judges at the current stage of reforming the justice system. It is established that the current scientific discourse on the issue of institutional determination of the place of the Prosecutor's Office in the mechanism of state power is mainly to determine the benefits of the
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17

Петренко, І. В. "Характеристика юридичних гарантій діяльності судів". Форум права, № 5 (28 листопада 2017): 305–10. https://doi.org/10.5281/zenodo.1204227.

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На підставі аналізу поглядів учених щодо визначення понять «гарантії» та «юридичні гарантії» запропоновано визначення поняття «юридичні гарантії діяльності судів». Окреслено основні юридичні гарантії діяльності судів. Розкрито сутність, значення, недоліки таких юридичних гарантій діяльності судів як: незалежність; незмінюваність суддів; недоторканність; державний захист. На основании анализа взглядов ученых относительно определения понятий «гарантии» и «юридические гарантии» предложено определение понятия «юридические гарантии д
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18

Čvorović, Zoran. "Method of acquisition and termination of judicial office in Serbia in the second half of the 19th century." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 4 (2020): 1383–413. http://dx.doi.org/10.5937/zrpfns54-29901.

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From the viewpoint of the way of acquisition and termination of the judicial service, judges in Serbia passed a long road from ordinary civil servants that were acquiring and losing their position solely based on the will of the minister of justice, to independent judges with guaranteed tenure appointed on recommendation from the highest courts and dismissed by decision of the highest courts in the country. The path, however, was not straight-line, neither in terms of normative solutions nor in terms of political and social temptations. The Law on Judges from 1881 which regulated the Judiciary
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19

Berch, V. V., D. M. Byelov, and Yu M. Bysaga. "Constitutional and legal principles of ensuring the independence of judges of the Constitutional Court of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 80 (2024): 102–6. http://dx.doi.org/10.24144/2307-3322.2023.80.1.14.

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The independence of judges constitutes one of the fundamental components of the legal system in any democratic country. Within the legal framework of Ukraine, the constitutional and legal principles guaranteeing the independence of judges, specifically those of the Constitutional Court, represent a key element of the legal structure ensuring the stability of the rule of law, the protection of human rights, and the development of the rule-of-law state.
 It is emphasized that the guarantees of the independence of courts of general jurisdiction and bodies of constitutional justice play a cri
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20

Garrido Carrillo, Francisco Javier. "A theoretical discourse on limits of the “judicial independence” concept in Spanish doctrine: historical overview and current status." Sravnitel noe konstitucionnoe obozrenie 31, no. 2 (2022): 67–87. https://doi.org/10.21128/1812-7126-2022-2-67-87.

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When studying the Spanish Judges and Magistrates Statute, with Spanish judges and magistrates being analogous to the various levels of the Russian judicial system except that in the Spanish system judges and magistrates are equal, we note two remarkable and clear points: (1) the provisions concerning the exercise of judicial functions entrusted to judges in the administration of justice and (2) the conditions within which activities must be carried out — in other words, the principles of independence and impartiality. How do these concepts relate to each other? Should we distinguish between th
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21

Nikitina, Anna V. "Termination of the Resignation of a Judge for Violations Committed by Him in the Еxercise of His Powers: Some Problems of Law Enforcement". Rossijskoe pravosudie, № 5 (25 квітня 2024): 32–40. http://dx.doi.org/10.37399/issn2072-909x.2024.5.32-40.

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One of the significant guarantees of the independence of judges is their right to resign. In turn, this guarantee will be effective provided that termination of resignation for violation of legislation and (or) the Code of Judicial Ethics, the commission of defamatory acts, violation of established prohibitions and restrictions will be applied in exceptional cases with strict observance of procedural norms, and the grounds for termination of resignation established by law will have signs of legal certainty. One of the legally established grounds for termination of resignation, which, according
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22

Barsuk, M. "Concept of Social Protection for Judges in Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 310–14. http://dx.doi.org/10.24144/2307-3322.2023.78.2.49.

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The article aims to clarify the definition of the concept of “social protection of judges in Ukraine.” It identifies the main approaches to interpreting the concept of “social protection,” including the economic approach and the socio-legal (complex) approach. The article establishes that social protection for judges in Ukraine serves as a special guarantee of their independence. This is manifested through comprehensive activities undertaken by entities mandated by law to ensure judges’ social security and their families’ social security. These activities are aimed at creating and maintaining
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23

Dulgheru, Dorin. "Ensuring the independence of judges in terms of constitutional guarantees." Revista Naţională de Drept 7-9 (213-215) (September 15, 2018): 65–67. https://doi.org/10.5281/zenodo.3368330.

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Every magistrate proceeds daily with the measure of his own performance, as well as between the means offered by the parties for his decision and those which are necessary. In this sense, he is constantly concerned with measuring the performance of his practice. Objective measures serve justice without undermining independence if their design, dissemination and use is in a participatory context. They make it possible to increase the responsibility of the judicial system vis-à-vis the litigants and thus its independence vis-à-vis the other powers of the State. The proposed researc
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24

Kapustynskyi, M. V. "LEGAL ANALYSIS OF GUARANTEES OF JUDGES’ INDEPENDENCE IN CRIMINAL PROCEEDINGS." Juridical scientific and electronic journal, no. 8 (2024): 403–6. http://dx.doi.org/10.32782/2524-0374/2024-8/94.

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25

Guskova, Anna Vyacheslavovna. "What does the Judiciary Depend on?" Russian Journal of Legal Studies 6, no. 1 (2019): 98–104. http://dx.doi.org/10.17816/rjls18475.

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Absolute procedural independence doesn’t exist. It relates to all system of law enforcement. By analyzing specific legal facts in this article will be reasonably prove from what the judicial authority depends on and in contrast to all proposition which were put forward will open the secret of its complete independence.The author earnestly proves that the procedural guarantees of judges independence are issues of territorial jurisdiction, features of institute criminal cases, such guarantee as irremovability, the issues of material security and even the secret of retiring room. This list is not
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26

Nowak, Krystian. "Legal status of judges in the Republic of Kosovo. Theoretical and legal analysis." Acta Iuridica Resoviensia 35, no. 4 (2021): 130–41. http://dx.doi.org/10.15584/actaires.2021.4.10.

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The status of a judge is a very important issue from the point of view of the standards of a democratic state and because of the role that judges play in the administration of justice. This article attempts to analyze the legal status of judges in the Republic of Kosovo by subjecting constitutional guarantees of judicial independence to theoretical and legal analysis. Indeed, the independent status of a judge is the minimum standard of legal protection that the state should provide to citizens. This study made it possible to formulate a statement that the mechanism of checks and balances of po
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27

Abdullayeva, Maftuna. "PROBLEMS OF ENSURING THE INDEPENDENCE OF JUDGES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN." Review of Law Sciences 6, no. 3 (2022): 15–22. http://dx.doi.org/10.51788/tsul.rols.2022.6.3./skkr2891.

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This article is devoted to a comprehensive presentation of the legal category as the independence of the judiciary, its main aspects, and limits are highlighted concerning various levels of the organization of the judiciary. The independence of the judiciary is presented as a structurally complex multidimensional phenomenon, which is due to the complexity of the very phenomenon of the judiciary. Independence is studied in relation to each level of organization of the judiciary, aspects of independence are highlighted, constitutional and legal guarantees of its implementation are highlighted, a
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28

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.

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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
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29

Birmontiene, Toma. "Limitations of Human Rights in the Conditions of War and Peace: The Constitutional Aspect." Philosophy of law and general theory of law, no. 2 (December 26, 2024): 153–76. https://doi.org/10.21564/2707-7039.2.318401.

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This article examines the guarantees of the independence of the judiciary formulated in the doctrine of the Constitutional Court of Lithuania, particularly, in the Ruling of 15 April 2022. The independence of the judiciary is an important guarantee of the separation of powers and the system of checks and balances, which can be understood as encompassing both the independence of the court as a judicial institution and the independence of the judge. It is argued that the termination of judicial mandate is a process initiated and, to a certain extent, carried out by political institutions. Theref
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30

Sielski, Krzysztof. "“Frozen” Valorization of Judges’ Salaries in Poland in the Light of Europe Union Legal Standards." Przegląd Prawa Konstytucyjnego 73, no. 3 (2023): 261–71. http://dx.doi.org/10.15804/ppk.2023.03.19.

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The material independence of judges is one of the essential guarantees of their independence and, at the same time, the proper functioning of the judiciary. Of course, one should not conclude from this that there is a simple relationship between independence and the material status of judges, nor should one presume a general prohibition on reducing judicial salaries. Undoubtedly, however, commensurate remuneration is permanently linked to the question of judicial independence. The aim of this article is to analyze premises of the permissibility of “freezing” adjustment of judges’ salaries in t
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31

Dabetić, Valerija. "Independence of the judiciary as a path and a goal: The voice of the profession." Pravo - teorija i praksa 41, no. 2 (2024): 57–75. http://dx.doi.org/10.5937/ptp2402057d.

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The views and experiences of the judges are important for the performance of their duties, as well as for the improvement of their social and professional position. Therefore, the topic of this paper is the suggestions for improving the independence of the judiciary, which come from the representatives of the judicial profession. The paper is based on the results of extensive empirical research of the judges from all courts of general jurisdiction in Serbia. For the interpretation of the respondents' answers (N=599), thematic analysis was used, allowing us to further categorize the received st
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32

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.

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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
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33

BÂCU, Igor. "Dreptul la o instanţă de judecată independentă – garanţie a unui proces echitabil." Revista de studii interdisciplinare "C. Stere" 3-4 (15-16) (December 15, 2017): 65–77. https://doi.org/10.5281/zenodo.3358812.

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Since justice is carried out through the judiciary, composed of judges, this means that the judicial power is exercised only by the court în the person of the judge, the sole bearer of that power. The judge is the one empowered to investigate a case în order to clarify it, thus proceeding to a trial and then pronouncing a judgment, thus making an act of justice. But we can speak of a power (a system of organs that have the power to do justice, including by constraint) and not just authority, unless organically the independence of the members of the judiciary is&
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34

Kazarina, Marina I. "Recusal and Self-Recusal of Judges as Guarantees of Their Independence." Vestnik Tomskogo gosudarstvennogo universiteta, no. 459 (October 1, 2020): 235–41. http://dx.doi.org/10.17223/15617793/459/29.

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35

Bondarenko, Bohdan. "Guarantees of independence for judges of the Constitutional Court of Ukraine." Ukrainian Journal of Constitutional Law 3 (2017): 60–65. http://dx.doi.org/10.30970/jcl.3.2017.6.

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36

Pirnazarov, Abdurashid Abdulakhaevich. "INDEPENDENCE OF JUDGES IS ONE OF THE GUARANTEES OF ACQUITTAL VERDICT." CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES 2, no. 2 (2023): 27–30. https://doi.org/10.5281/zenodo.7627799.

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The state in its activity is based on the principles of social justice and legality, and the activity of the courts also belongs to these principles. In the judicial sphere, the principle of legality is expressed in its own form, i.e.: in the administration of justice, this principle is combined with the principle of independence of judges, and they act based on the requirements of the applicable law, their legal consciousness and inner confidence in making judgments.
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37

Böröcz, Judit. "A bírói illetmény mint a függetlenség garanciája." Magyar Jog 72 (June 25, 2025): 337–48. https://doi.org/10.59851/mj.72.06.1.

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One of the guarantees of judicial independence is the adequate remuneration of judges, which is worthy of their profession. Several European and international documents have formulated different basic requirements in this regard. The study will present whether the current situation of Hungarian judges’ remuneration meets these requirements.
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38

Butt, Simon. "Constitutional Court Decisions on the Judicial Independence of Other Indonesian Courts." Constitutional Review 9, no. 2 (2023): 247. http://dx.doi.org/10.31078/consrev922.

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Judicial independence is a foundational principle of the Indonesian Constitution. It guarantees the independence of all Indonesian courts. However, most of the cases the Constitutional Court has handled relating to judicial independence have concerned the Constitutional Court’s own independence, focusing, for example, on issues of judicial tenure and terms. This paper examines the handful of Constitutional Court decisions about the judicial independence of other courts and judges in Indonesia – that is, non-constitutional courts and judges. It examines what the Constitutional Court has said ab
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39

Shtefan, O. O. "The principle of independence of judges and their subjection of their law only in the civil judiciary of Ukraine." Actual problems of improving of current legislation of Ukraine, no. 59 (June 30, 2022): 98–108. http://dx.doi.org/10.15330/apiclu.59.98-108.

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The processes of reforming both the judiciary and procedural law, as well as the development of society have a direct impact on the evolution of understanding of the principles of civil procedural law and their meaning and system. As you know, general legal principles are concretized and specialized, ie receive their development in the fields of law, while they retain their system and properties, taking into account the subject and method of a particular industry, as well as the impact of each of the principles on social relations. Civil procedural law as a branch of national law is not an exc
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40

Malykhina, T. A. "On the problem of implementing the principle of judicial independence." Siberian Law Herald 1 (2025): 123–26. https://doi.org/10.26516/2071-8136.2025.1.123.

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The article analyzes the principle of judicial independence as one of the fundamental constitutionally enshrined principles of Russian justice. The article also discusses issues of ensuring the independence of judges from interference or pressure from the executive and legislative authorities, the public or private interests. The legislatively fixed guarantees of judges are analyzed through the principle of their independence. The theoretical and practical significance of this principle in ensuring justice and protecting the rights of citizens is investigated. Some problems related to the impl
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41

Dikarev, Ilia. "Judge’s Dissenting Opinion in a Criminal Proceeding: A Critical View." Journal of Russian Law 27, no. 11 (2023): 75. http://dx.doi.org/10.61205/jrp.2023.129.

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The idea of a judge's right to a dissenting opinion being one of the key guarantees of the principle of judicial independence is perceived by a legal community as an axiom. For this reason, the institution of a dissenting opinion extremely rarely happens to be the subject of a critical analysis in a legal science. Meanwhile, such an analysis reveals a whole complex of contradictions between the right of a judge to a dissenting opinion and certain principles of judicial proceedings, as well as the negative effect of the use of such a right by judges manifested in a decrease in the auth
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42

Dobrovlyanina, О. V. "THE HISTORY OF FORMATION AND DEVELOPMENT OF RUSSIAN LEGISLATION ON PECULIARITIES OF CRIMINAL PROCEEDINGS AGAINST JUDGES." Ex jure, no. 1 (2018): 102–16. http://dx.doi.org/10.17072/2619-0648-2018-1-102-116.

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shows the historical development of Russian legislation on the criminal liability of judges. Analyzes the characteristics of criminal proceedings against judges. Justifies the necessity of the existence of the guarantees of judicial independence. The conclusion about the advisability of improvement of the rules of Chapter 52 of the Code of criminal procedure of Russia.
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43

Mikhailov, V. К. "Independence of Russian Judges in Conditions of Irremovability of Judges." Lex Russica, no. 12 (December 16, 2020): 67–78. http://dx.doi.org/10.17803/1729-5920.2020.169.12.067-078.

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The paper has become the fourth work in a cycle of studies carried out by the author to investigate the independence of the judiciary. It is devoted to the implementation of the principle of irremovability of judges as one of the declared guarantees of their independence. The paper analyzes the institutional and individual independence of courts and judges, concludes that it is individual independence of judges that plays the special role in ensuring the independence of the judiciary in general. Within the framework of the study, the reader’s attention is drawn to the components of the irremov
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44

Demchenko, S. O. "International legal framework for the regulation of judicial immunity." Law and Safety 95, no. 4 (2024): 59–68. https://doi.org/10.32631/pb.2024.4.05.

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The article analyses the phenomenon of judicial indemnity through the prism of international legal regulation developed in Western Europe in recent decades. Based on the analysis of Ukrainian and European law, it has been concluded that the doctrine of limited judicial indemnity is currently dominant, which balances public interests and serves the freedom of expression and strengthening of the principles of independence in the structure of the legal status of a judge. It is demonstrated that the international legal regulation of judicial indemnity contributes to the institutional strengthening
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45

Moreno-Sacón, Viviana Carolina, and Holger Geovanny García-Segarra. "Independencia judicial en Ecuador y los desafíos frente al control del Consejo de la Judicatura." Journal of Economic and Social Science Research 5, no. 2 (2025): 115–31. https://doi.org/10.55813/gaea/jessr/v5/n2/192.

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Judicial independence in Ecuador is compromised by the control exercised by the Council of the Judiciary, generating legal insecurity, self-censorship among judges, and effects on judicial impartiality. Using a qualitative approach, with a retrospective design and a descriptive, explanatory and propositional scope, a documentary review of regulations, jurisprudence and doctrine was carried out, in addition to interviews with practicing judges. The results reveal tensions between the principle of judicial independence and the current disciplinary regime, especially in the application of Article
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46

Celone, Cristiano. "The Italian Judiciary between Constitution and European Law: Autonomy, Independence, Impartiality and Protection of Rights." A&C - Revista de Direito Administrativo & Constitucional 24, no. 95 (2024): 51–71. http://dx.doi.org/10.21056/aec.v24i95.1913.

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The Italian Constitution, the European Law and the European Convention on Human Rights, contain the basic principles that, together with implementing legislation, ensure effective judicial protection of people's fundamental rights and freedoms and contribute to shape the rule of law. These are the guarantees of the right todefence, due process of law, natural judge, irremovability of judges, and in particular the guarantees of autonomy, independence and impartiality, which are recognisedto the Judiciary and individual magistrates, above all through the creation of autonomous governing bodies f
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47

Stenichkin, N. G. "Ensuring the Independence and Autonomy of the Judiciary in the Context of the 2020 Constitutional Reform." Lex Russica, no. 5 (May 20, 2020): 41–52. http://dx.doi.org/10.17803/1729-5920.2020.162.5.041-052.

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The paper analyzes the amendments to the Constitution proposed by the President of the Russian Federation in connection with certain elements of the constitutional and legal status of the judge, evaluates the possible limits of the change of the Basic Law without distorting the fundamental principles and legal foundations of the Constitution, including ensuring the independence and autonomy of the judiciary and the principle of separation of powers. According to the amendments, the powers of the President and the legislature regarding their influence on the judiciary were considerably expanded
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48

Dimitropoulos, Georgios. "Measuring judicial independence in international law." Maastricht Journal of European and Comparative Law 24, no. 4 (2017): 531–51. http://dx.doi.org/10.1177/1023263x17723766.

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This article searches for paths, frameworks and modules for the measurement and evaluation of judicial independence in international law. First, it discusses the measurability of the concept. Judicial independence, both as such and especially at the international level, is very difficult to measure, given the ambivalence of some proxies and variables that have been used in empirical research in order to measure it, and given the competing interests and actors in international adjudication: independence does not stand alone as the only value that needs to be protected in international adjudicat
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49

Zamroni Faizal Abdi and Chintya Khaerunnisa. "Revitalization of Supervision of the Judicial Commission as Strengthening Judicial Institutions in Maintaining the Independence and Integrity of Judges." JUSTICES: Journal of Law 3, no. 3 (2024): 184–96. http://dx.doi.org/10.58355/justices.v3i3.110.

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External supervision of judges' performance is done by the Judicial Commission (JC), namely by providing input regarding the mechanism for providing sanctions for violations of the code of ethics committed by judges. The task of the Judicial Commission regarding recommendations for sanctions for violations committed by judges involves collaborating with the Supreme Court because the judicial commission does not have the right to impose sanctions directly on judges. Therefore, efforts are urgently needed to improve the integrity of judges as law enforcers from the Judicial Commission institutio
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50

Epikhin, Alexander Yu, Sergey V. Tasakov, and Ekaterina P. Grishina. "Protection of honour and dignity of a judge in criminal proceedings against him or her." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 53 (2024): 35–44. http://dx.doi.org/10.17223/22253513/53/3.

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Criminal proceedings against judges is a serious problem that has not only a complex legal, but also ethical and applied nature, because the public importance of criminal proceedings, involving the use of coercive measures, deprivation of immunity, significantly affects the special procedural status of judges, and criminal prosecution reduces public confidence in the judiciary. Due to these circumstances, the purpose of this article is to find ways to achieve a balance of public principles and private interests. The solution of the problem identified in the article was carried out on the basis
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