The article is devoted to the issues of improving the institution of disciplinary liability of judges which will guarantee avoidance of the loss of the authority of justice due to unprofessionalism or open illegality of the use of the judicial power granted to individual judges, with certain “fuses” for the possibility of extra-procedural pressure on judges. The purpose of the article is to formulate scientifically based conclusions on the necessity of enshrining in law the elements of disciplinary offenses as legislative determination for bringing judges to disciplinary responsibility, to determine the permissible level of their legislative specification and exhaustiveness, and to influence the efficiency of the judicial system. “Young” democracies in the period of their formation are characterized by the tendency to specify the grounds for dismissal of a judge in legal acts, which should objectively serve as a warning against the wide discretion of the bodies conducting disciplinary proceedings and eliminate the potential threat of its use for the purpose of putting pressure on judges in an unlawful manner. Based on the results of the study, the author identified three main components that allow a positive evaluation of the implementation of the disciplinary proceedings procedure, including the application of grounds for bringing judges to disciplinary responsibility. They are: 1) the existence of normative provisions that define the guidelines at the level of law (with an acceptable degree of clarity of definition and restrictive interpretation), 2) consistent and predictable practice of their application in the activities of disciplinary authorities using discretion, which will be of institutional importance in assessing law enforcement, 3) the existence of appropriate legal protection mechanisms in the form of independent and impartial review of decisions of the disciplinary authorities, taking into account the subject matter of judicial control and the limits of admissibility for the implementation of. The legislative determination of the grounds for disciplinary liability should develop both in the direction of specifying the composition of disciplinary authorities and by eliminating conflicts and gaps in the legal norms, and disciplinary bodies should develop a clear, consistent and precise practice of their application.
Kuziv et al. (Mon,) studied this question.