General characteristics of decisions within the disciplinary proceedings against a judge as a subject of judicial appeal

Abstract

Improving the procedure for bringing judges to disciplinary responsibility is one of the important elements of judicial reform and strengthening the independence, professionalism and integrity of the judiciary. An integral element of such a procedure, on which its effectiveness largely depends, is judicial control over the decisions of the disciplinary body of judges. The article attempts to analyze the existing procedure for disciplinary proceedings against a judge from the perspective of the possibilities of judicial appeal against decisions made within this procedure.

The aim of the work is to analyze the procedure for disciplinary proceedings against a judge, to identify the decisions which may be made within this procedure and to analyze them from the perspective of the possibilities of judicial appeal through the prism of the Supreme Court case law.

The methodological basis of the study consists of general scientific and special research methods.

Based on the results of the study, the author analyzed the statutory regulation of the procedure for disciplinary proceedings against a judge and the relevant case law of the Supreme Court. The results of the analysis showed that currently, decisions made within the framework of disciplinary proceedings against judges are not subject to judicial review, and only decisions of the High Council of Justice made upon review of the decision of the Disciplinary Chamber to bring judges to disciplinary responsibility can be appealed in court. The validity of such restrictions should be the subject of further research. In addition, certain provisions of the legislation on the possibility of appealing against decisions of the Disciplinary Chamber appear to be discriminatory, which has been recognized by the state.