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On the issue of extending the guarantees of criminal procedure to disciplinary proceedings against judges

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Bibliographic Details
Title: On the issue of extending the guarantees of criminal procedure to disciplinary proceedings against judges
Authors: Oleksiі Melnik, Volodymyr Rybalko
Source: Slovo of the National School of Judges of Ukraine. :36-50
Publisher Information: The National School of Judges of Ukraine, 2024.
Publication Year: 2024
Subject Terms: 16. Peace & justice
Description: The author considers whether the guarantees of criminal procedure should be extended to judges during disciplinary proceedings. It is noted that the answer to this question has very specific consequences, as it depends on them: whether the disciplinary proceedings against judges under the Engel criteria are criminal proceedings; whether simultaneous and parallel consideration of disciplinary and criminal proceedings against a judge involving the same actions (or part of them) is possible; or whether disciplinary proceedings should be suspended until the criminal case is resolved; whether the materials of criminal proceedings can be used to decide whether a judge's actions constitute a disciplinary offense; whether the absence of a verdict finding a judge guilty of a criminal offense is an obstacle to bringing him or her to disciplinary responsibility; whether the principle of autonomy applies in disciplinary proceedings; whether disciplinary and criminal proceedings are interrelated; whether the disciplinary body has the right to bring a judge to disciplinary liability if the criminal proceedings were closed or resulted in an acquittal; whether the presumption of innocence and the right not to be prosecuted or punished twice apply to judges who are subject to both criminal and disciplinary proceedings for the same actions. The authors analyze the controversial issues of disciplinary liability of judges. The author cites the results of a survey of 96 judicial assistants of all instances, which confirm that the issues of disciplinary liability of judges raised in the article remain controversial, despite the established legal position of the ECHR. It is stated that, according to the ECHR case law, the guarantees of criminal procedure do not apply to judges in disciplinary proceedings. Disciplinary proceedings fall within the scope of the civil part of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Key words:disciplinary liability of judges, Engel criteria, presumption of innocence, the right not to be prosecuted or punished twice.
Document Type: Article
Language: Ukrainian
ISSN: 2707-6849
DOI: 10.37566/2707-6849-2023-4(45)-3
Accession Number: edsair.doi...........dcf8bffc67e749de7db965f58841866e
Database: OpenAIRE
Description
Abstract:The author considers whether the guarantees of criminal procedure should be extended to judges during disciplinary proceedings. It is noted that the answer to this question has very specific consequences, as it depends on them: whether the disciplinary proceedings against judges under the Engel criteria are criminal proceedings; whether simultaneous and parallel consideration of disciplinary and criminal proceedings against a judge involving the same actions (or part of them) is possible; or whether disciplinary proceedings should be suspended until the criminal case is resolved; whether the materials of criminal proceedings can be used to decide whether a judge's actions constitute a disciplinary offense; whether the absence of a verdict finding a judge guilty of a criminal offense is an obstacle to bringing him or her to disciplinary responsibility; whether the principle of autonomy applies in disciplinary proceedings; whether disciplinary and criminal proceedings are interrelated; whether the disciplinary body has the right to bring a judge to disciplinary liability if the criminal proceedings were closed or resulted in an acquittal; whether the presumption of innocence and the right not to be prosecuted or punished twice apply to judges who are subject to both criminal and disciplinary proceedings for the same actions. The authors analyze the controversial issues of disciplinary liability of judges. The author cites the results of a survey of 96 judicial assistants of all instances, which confirm that the issues of disciplinary liability of judges raised in the article remain controversial, despite the established legal position of the ECHR. It is stated that, according to the ECHR case law, the guarantees of criminal procedure do not apply to judges in disciplinary proceedings. Disciplinary proceedings fall within the scope of the civil part of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Key words:disciplinary liability of judges, Engel criteria, presumption of innocence, the right not to be prosecuted or punished twice.
ISSN:27076849
DOI:10.37566/2707-6849-2023-4(45)-3