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Disciplinary Liability of Judges: Concept, Procedure, Practice of Imposition. Suggestions for Improvement.

ФИО студента: Diana Ovakimyan

Руководитель: Victor Mikhaylov

Кампус/факультет: Faculty of Law

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

Год защиты: 2021

The work is devoted to the study and analysis of the institution of disciplinary responsibility of judges in the Russian Federation. The author raises the question of the problems of this institution, its imperfections and their impact on the independent and irreplaceable status of a judge, and also proposes a number of measures to improve it. In consideration of the special status of a judge the institution of disciplinary responsibility must first of all ensure compliance with all guarantees of the status of a judge, his independence, which directly affects the autonomy and independence of the judiciary in general. The procedure for bringing judges to disciplinary responsibility must be lawful not only from the point of view of its compliance with a specific law and its provisions, but also in substance. The mechanism of disciplinary responsibility should not be used as a tool to influence judges, deprive them of their independence, or exert any pressure on them. The practice of bringing judges to disciplinary responsibility in the Russian Federation, as well as some novelties introduced by the legislator in December 2020, do not always comply with the foundations of the exclusive status of a judge and its guarantees, as well as international standards, which justifies the relevance of the work. In order to prepare measures to improve the institution of disciplinary responsibility of judges in the Russian Federation, the author not only studies its regulation by the domestic legislator, but also conducts a comparative analysis of the institution of disciplinary responsibility of judges in the Federal Republic of Germany, identifying its strengths and weaknesses. Based on the above study, the author of the work proposes borrowing from the German legal system some elements of the institution of disciplinary responsibility of judges, which have shown their effectiveness in practice and help to strengthen the independent status of a judge. The author also provides other considerations based on an analysis of the order and procedure for bringing judges to disciplinary responsibility in the Russian Federation, as well as the composition of the bodies that impose disciplinary sanctions on a judge.

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