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Relevant bibliographies by topics / Lustration of judges

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Journal articles

Academic literature on the topic 'Lustration of judges'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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Journal articles on the topic "Lustration of judges"

1

Skoromnyy, Yaroslav, and Ruslan Skrynkovskyy. "Lustration as a Particular Procedure for Bringing a Judge to Justice in Ukraine." Path of Science 6, no. 11 (2020): 1001–9. http://dx.doi.org/10.22178/pos.64-1.

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The article presents the peculiarities of using lustration as a particular procedure for bringing a judge to legal responsibility. It is established that the exceptions of lustration of a judge, as a specific procedure for getting him/her to a legal obligation in Ukraine, are regulated by the provisions of particular regulations and documents. Lustration is a set of legal and political measures aimed at neutralising the consequences and actions of the previous regime, which threaten fundamental human rights and the democratisation process in general. It is proved that the lustration procedure

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2

Rudenko, Mykola, Iryna Malinovska, and Serhij Kravtsov. "Justice for Judges in Ukraine: Looking for Peace and Strong Judiciary Institutions in a Sustainable Society." European Journal of Sustainable Development 10, no. 1 (2021): 339. http://dx.doi.org/10.14207/ejsd.2021.v10n1p339.

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Regarding the judiciary, the purification and lustration initiatives had been alleged as a beginning of a new stage of radical reformation, appreciated by European institutions. Therefore, in this article we will provide a detailed picture of the lustration of judges in Ukraine from the angle of its procedural guarantees as well as its legal nature; a special focus will be given to issues of efficiency of lustration restrictions, provided by the national legislation as well as its compliance within the European guidelines and Ukrainian Constitution. Lustration of judges will be analyzed regard

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3

Slyusarenko, Yu A. "Ensuring compliance of laws on lustration with the requirements of a state based on the principle of the rule of law: European standards." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 779–84. http://dx.doi.org/10.24144/2788-6018.2024.02.128.

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A range of international acts of a regional nature, which are designed to restore a civilized, liberal state based on the principle of the rule of law, as well as those international acts that regulate social relations arising in the member states of the Council of Europe during the purge of power, have been identified. Resolution of the Parliamentary Assembly of the Council of Europe No. 1096 (1996) "On measures aimed at eliminating the legacy of former communist totalitarian regimes” was analyzed. Attention is focused on such negative phenomena, which are indicated in it and which, despite t

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4

Slosarcik, Ivo. "Czech Republic 2006–2008: On President, Judges and the Lisbon Treaty." European Public Law 16, Issue 1 (2010): 1–16. http://dx.doi.org/10.54648/euro2010001.

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The President of the Czech Republic is vested, by the Constitution of the Czech Republic, with an impressive catalogue of competencies, both in the domestic domain and in the formulation of the foreign policy of the Czech Republic. Several of these powers can be exercised autonomously by the President; the rest of the catalogue can be exercised only with the cooperation (approval) of the government. The Czech political life already identified several constitutional gaps that had to be filled by constitutional conventions and case law of the Constitutional Court. The presidency of Václav Havel

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5

Kaplina, Oksana, Maxim Zhushman, and Iryna Cherevatenko. "Judicial reforms in Ukraine: polishing procedures and their systemic role." Cuestiones Políticas 39, no. 70 (2021): 757–67. http://dx.doi.org/10.46398/cuestpol.3970.45.

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Using a documentary methodology close to the dialectical method, the objective of the article is to analyze the judicial reforms in Ukraine. Citizen belief in peace, justice and strong institutions is a challenge not only for Eastern Europe, where trust in state bodies has always been low. Meanwhile, the ongoing reforms of the judiciary aim to achieve a significant result using specific methods such as: the purging of judges. After the so-called “revolution of dignity” forceful discussions began on the purification process in Ukraine. For the first time, this question was raised in the early 9

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6

"Lustration of Judges in Ukraine: National Insights and European Implications." Access to Justice in Eastern Europe, November 30, 2020, 226–45. http://dx.doi.org/10.33327/ajee-18-3.4-a000037.

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This article primarily focuses on the Ukrainian judge lustration, analysed from diverse aspects. Ukraine’s legal lustration framework engenders two legal acts— the Law On Restoring Trust into Judicial Power in Ukraine (2014) and the law On Purification of Government (2014). Social feedback on adopting these Laws, their key objectives, provided instruments and efficiency issues are discussed. This research particularly scrutinises the fundamental European lustration standards, referencing a few European countries’ experiences: Albania, Bosnia and Herzegovina, Poland. Deep insight into national

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7

Myhal, Roman, Yaroslav Skoromnyy, Ivan Kurilin, Ivan Zakharchuk, Mykhailo Blonskyi, and Pavlo Bizhok. "BRINGING A JUDGE TO LEGAL RESPONSIBILITY: A TYPOLOGICAL ANALYSIS IN THE COUNTRIES OF THE EUROPEAN UNION AND PROCEDURAL ASPECTS IN UKRAINE." International scientific journal "Internauka". Series: "Juridical Sciences", no. 2(60) (2023). http://dx.doi.org/10.25313/2520-2308-2023-2-8574.

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Today, there are many urgent problems related to the practical aspects of reforming the judicial system of Ukraine. One of the key aspects of the judicial reform of Ukraine, based on the realities of today, is the formation and development of applied mechanisms for bringing a judge (judges) to legal responsibility, with the aim of: introduction of new effective approaches to ensuring the fundamental right of a person and a citizen to a fair trial; preventing and countering corruption in the judicial system (courts); increasing the authority of the judiciary and citizens' trust in the judicial

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8

Šipulová, Katarína, and David Kosař. "Purging the Judiciary After a Transition: Between a Rock and a Hard Place." Hague Journal on the Rule of Law, March 4, 2024. http://dx.doi.org/10.1007/s40803-024-00201-y.

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AbstractJudges play a key role in the implementation of transitional justice mechanisms. Yet, less attention has been paid so far to the question of how to address their collaboration with non-democratic regimes. In theory, judges can be subjected to virtually all transitional justice mechanisms ranging from criminal prosecution and lustration to truth-seeking, or even amnesties. However, we show in a case study of Czechia that these mechanisms are not well equipped to address the complicity of judges in past crimes for three reasons: (1) judges usually play different roles in past crimes from

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