Disciplinary responsibility of magistrates in the modern legal system: procedural aspects

The disciplinary responsibility of judges requires constitutional and legal reforms to adapt it to the needs of the rule of law, which is based on the full independence and impartiality of judges and the full enjoyment of fundamental rights of all, with particular attention to due process. Disciplinary liability is an official response to actions committed by a judge which compromise him or her as a judge, regardless of whether they are committed in court in the exercise of his or her powers or outside of court. The author analyses the legal and practical aspects of bringing judges to disciplinary liability based on the study of the High Council of Justice’s practice regarding disciplinary misconduct of judges. The status of a judge requires not only special control over his/her own behaviour, but also appropriate actions by the State, since the authority of the judiciary and its support are still a matter of State concern - court decisions are proclaimed in the name of the State. The efficiency of the judicial system depends on various factors, one of which is disciplinary liability. The need to improve the legal and procedural aspects of bringing judges to disciplinary responsibility has been repeatedly pointed out by doctrinal approaches to the study of this issue, as well as by the conclusions of international experts.The European Court of Human Rights has also indicated the expediency of reforming the system of disciplinary responsibility of judges in its decision. The grounds for disciplinary liability of judges for violation of substantive and procedural law provided for by national legislation should continue to be enshrined in Article 106 of the Law of Ukraine ‘On the Judicial System and Status of Judges’.