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Features of Consideration of Administrative Cases on Bringing Judges to Disciplinary Liability in the Russian Federation

ФИО студента: Anna Sazonova

Руководитель: Margarita Pavlova

Кампус/факультет: Faculty of Law

Программа: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Год защиты: 2021

A judge-being a person with a special legal status, can be brought to disciplinary responsibility in a special manner provided for by special legislation in the field of the status of judges and a number of ethical standards. Legislation on the disciplinary responsibility of those who administer justice is important. The lack of legal regulation in this area of legal relations will contribute to judicial arbitrariness and strengthen the belief in impunity. In this regard, there is a need for a clear and detailed study of the procedure, grounds and methods for bringing judges to justice, as well as the regulation of the types of disciplinary penalties with a possible subsequent expansion of the existing types, and the establishment of the most detailed list of offenses, both during the administration of justice and outside of court, for which a person can be brought to justice. At the same time, it is important for the legislator to provide effective guarantees so that judges can protect their status and appeal to the competent authorities to appeal decisions on imposing disciplinary penalties and bringing them to justice. The small number of studies devoted to the study of problems in the field of bringing judges to disciplinary responsibility, as well as the specifics of the consideration by the Disciplinary Board of the Supreme Court of the Russian Federation of appeals of judges related to the appeal of decisions taken by the qualification boards, creates the need to systematize the data obtained as a result of the analysis of regulatory legal acts in the field of legislation on the disciplinary responsibility of judges, as well as the need for its further reform . By 2020 over the past 5 years, more than 1,600 judges have been brought to disciplinary responsibility. The study is devoted to the consideration of disputes related to bringing judges to disciplinary responsibility in the Disciplinary Board of the Supreme Court of the Russian Federation, according to the rules provided for by the CAS of the Russian Federation. The theoretical and practical significance of this study lies in the possibility of subsequent use of its results in the study of the legal basis for bringing judges to justice, the creation of new and reforming existing institutions in the field of disciplinary responsibility of judges, as well as in the development of the legal framework on the status of judges. The presented work describes the procedural and legal specifics of disputes considered by the Disciplinary Board of the Supreme Court of the Russian Federation. The issues related to the legal nature and content of the disciplinary responsibility of judges are considered. The article describes and analyzes the subject composition and the issue of the distribution of powers for the consideration and resolution of this category of cases. In addition, this study contains an analysis of the practical implementation of significant procedural and legal norms in the consideration and resolution of disputes provided for in Chapter 23 of the CAS of the Russian Federation.

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