The problem of determination of the limitation period for bringing judges under responsibility for violation of the judicial oath

Authors

DOI:

https://doi.org/10.21564/2414-990x.124.52506

Keywords:

liability of judges, violation of the judicial oath, the principle of proportionality, the principle of legal certainty, limitation period for discharging judges for violation of the judicial oath

Abstract

The author analyzes legislation that determines the limitation period for bringing judges to disciplinary and constitutional liability. It is proved that the Law of Ukraine "On the High Council of Justice" must contain limitation period for discharging judges for violation of the judicial oath. The absence of such a rule contradicts the fundamental principles of proportionality and legal certainty, and has as a negative impact on the provision of procedural independence of the judiciary.

Author Biography

О. М. Овчаренко, National University "Yaroslav Mudryi Law Academy of Ukraine"

Candidate of Law Sciences

Published

2013-03-02

How to Cite

Овчаренко, О. М. (2013). The problem of determination of the limitation period for bringing judges under responsibility for violation of the judicial oath. Problems of Legality, (124), 168–176. https://doi.org/10.21564/2414-990x.124.52506

Issue

Section

Criminal process and judicature