The article analyzes the disciplinary powers of the High Council of Justice and relevant bodies in foreign countries. The relevance of such a study is due to the fact that the judicial reform of 2016 initiated significant changes in the legal status of the High Council of Justice as the central body for the disciplinary responsibility of judges. Problems of implementing the powers of the High Council of Justice became the object of scientific research among scientists in connection with the need to improve the legal status of this body. At the same time, theoretical and legal approaches to the content of the concept of disciplinary powers of the High Council of Justice are mostly absent. Accordingly, the purpose of this article is the need for a theoretical-legal and comparative analysis of doctrinal sources, international acts and legislation of foreign countries on issues related to the concept and content of disciplinary powers of the High Council of Justice and relevant bodies in foreign countries. To achieve the goal, the work uses a system of methods of scientific knowledge, including general scientific, private, and special legal methods. The author singled out the system of disciplinary powers from the total number of powers of the Supreme Council of Justice. The peculiarities of disciplinary responsibility of judges and prosecutors as a special category of civil servants subject to disciplinary responsibility are emphasized. The norms of national legislation, which regulate the disciplinary responsibility of judges, as well as the relevant international legislation, are analyzed. The article also examines the legislation of individual countries of the world regarding the activities of the bodies corresponding to the High Council of Justice in terms of the disciplinary powers granted in order to formulate specific proposals to the national legislation of Ukraine. Recommendations are offered to improve the mechanism of involving judges and prosecutors to disciplinary responsibility in Ukraine.
discipline, authority, responsibility, status, Supreme Council of Justice.
https://doi.org/10.31359/jnalsu.29(3).2022.268-290
Retrieved from Journal NALSU №3, 2022 year
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