Duty of judge (judicial immunity): actual problems of legal regulation and practice application
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
The paper analyzes the latest constitutional mechanism for regulating the judge’s immunity. In the context of the study, the legal positions of the High Council for Justice (HCJ) regarding the removal of judicial immunity, which were reflected in relevant decisions for 2017, were analyzed. The author argues that domestic legislation needs some adjustments. In particular, the HCJ acting as a judicial (judicial) authority must establish whether the evidence presented by the party proves the circumstances, which indicate: 1) the existence of reasonable suspicion of committing a criminal offense by a judge suspected of a criminal offense; 2) the presence of sufficient grounds to believe that there is at least one of the risks stipulated in Article 177 of the CPC of Ukraine; 3) insufficiency of the use of milder preventive measures to prevent the risk or risks specified in the petition. The HCJ, in matters of removal of judge immunity, should perform judicial control function, and its decision to consent to the detention of a judge, his detention or arrest should be directly applicable, without further decisions of the investigating judge. An unjustified and unnecessary imposition (lay-out) of two jurisdictional jurisdictions: the HCJ and local courts (investigating judges) on judicial control in the detention and taking of judges in custody is considered to be groundless and unnecessary
Authors and Affiliations
С. В. Прилуцький
Keywords
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