Gorelova, O. A. The Problems of Taking Disciplinary Actions Against Judges in Modern Legislation and Practice of Judges’ Qualifi cations Board

Abstract: The article is devoted to the defi nition and description of forms of disciplinary liability as well as the most topical issues related to the legal regulation of disciplinary liability of judges by modern legislation. The author of the article analyzes the foreign experience in regulating forms of disciplinary liability to be applied. The author also studies the most nettlesome problems faced by the judges’ qualifi cations boards when taking disciplinary actions against judges. The author also describes the opinion of the International Commission of Jurists on the actual status of the Russian community of judges and the most important remarks of the aforesaid Commission regarding the improvement of the legal system. In this regard the author also describes recent changes in the Russian legislation. The author also provides the opinion of the Judicial Council of the Russian Federation against making any alterations or changes in the legislation. According to the Judicial Council, the current legal regulation of taking disciplinary actions against judges is more than enough. Based on the results of the research, the author defi nes the main directions of improvement of the Russian legislation regulating disciplinary liability of judges taking into account the law-enforcement practice of the judges’ qualifi cations boards. In particular, the author offers to specify the grounds for holding judges disciplinary liable, to specify requirements applied to evidence of a disciplinary offence and to create individual boards as the part of the Judges’ Qualifi cations Boards that would examine only cases of taking disciplinary actions against judges.

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