Normative and Procedural Grounds for Legal Liability of a Judge

• Main Author: Yaroslav Skoromnyy
• Format: Article
• Language: English
• Published: Altezoro s.r.o. (Slovak Republic) and Publishing Center "Dialog" (Ukraine) 2020-12-01
• Series: Traektoriâ Nauki
• Subjects: суддя; юридична відповідальність; дисциплінарний проступок; правопорушення
• Online Access: https://pathofscience.org/index.php/ps/article/view/842

The article defines the basic principles of formation of normative and procedural grounds of legal responsibility of a judge. It has been found out that bringing a judge to a legal obligation by the regular basis indicates the necessity to enshrine the relevant list of offences in law. It has been determined that getting a judge to legal responsibility on regulatory grounds means committing an illegal action (from an objective point of view), primarily enshrined in the appropriate level of regulatory prohibitions. It has been established that the main essence of the factual basis for bringing a judge to legal responsibility is the action or inaction of a judge which indicates a prohibited legal norm, including offences. It has been found that the essence of the procedural and legal grounds for bringing a judge to legal liability primarily depends on the clarity of the decision of unique bodies that are competent in the field of imposing measures of legal liability on a judge. It has been proved that the procedural conditions for bringing judges to justice today are interrelated with the initiative of proceedings against them. It is determined that the basic principles of bringing judges to justice should be interpreted as objective signs of an act (action or inaction) committed by a judge on illegal grounds, which is the fundamental right that guarantees the victim of offence administration of fair justice is damaged. Researching the critical grounds for bringing a judge to various types of legal liability for committing an offence as prospective in further research in this direction has been suggested.