DISMISSAL FOR BREACH OF JURATION OF A JUDGE (ESSENTIALLY COMMITTING DISCIPLINARY OFFENCES)
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article is devoted to coverage of one of the urgent problems that arose in practice review in administrative proceedings of the High Council of Justice decisions on making representations the dismissal of judges from office for violation of oath, the boundaries of their responsibility for court decisions. It is proved that the common basis for the initiation of dismissal procedure judge advocates committing an action discrediting the title of judge. In qualifying the violations of oath by the judge offered to proceed from the provisions of the theory of law with respect to the offense of the Institute and its composition. The importance of proving informed at the same time that the judge’s actions is deliberate or due to negligence apparent illegal flagrant violation of the law, which causes significant harm to the object of legal protection – the authority of the justice in the society, the faith of citizens in a fair, professional judgment. A gross violation of the law by the judge, as the basis for liability for breach of oath, it is proposed to realize such use it right, which is clearly and substantially beyond the boundaries of traditional, blatantly contradicts the principles of justice that cannot point to admission of the ordinary judicial error. It is stated that in determining the objective side of a violation of oath of a judge, the subject of disciplinary proceedings and the court must give a thorough evaluation of every circumstance that may indicate the assumption by the judge was rude, significant violations of laws, individually and in their totality. Dismissal for violation of oath of a judge is possible only when a conscious, willful decision-judge obviously illegal decision in violation of solemn commitments unbiased and fairly to administer justice, that is only in the presence of his guilt.
Authors and Affiliations
О. В. Константий
Keywords
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