Judges disciplinary responsibility: new regulation — new problems

Tyumen State University Herald. Social, Economic, and Law Research


Vesntik TSU. law (#3). 2014

Judges disciplinary responsibility: new regulation — new problems

About the author:

Mikhail I. Kleandrov, Corresponding Member of the RAS, Dr. Sci. (Jur.), Professor, Chief Research Associate, Institute of State and Law of the RAS (Moscow); mklean@ksrf.ru


Legislation concerning the fusion of Russia's Supreme and Supreme Commercial Court — namely, legal norms providing for the liquidation of the Disciplinary Judicial Presence of the Russian Federation; incoherencies in realization of the requirement regarding modification of judge's disciplinary offence formula framed by the Constitutional Court of the Russian Federation; lacunar lawmaking in the field of corporate powers applicable during each stage of disciplinary proceedings against a judge etc. cause certain problems connected with process of regulating the respective sphere of public affairs. Having identified the mentioned deficiencies that arose in 2013 and 2014, the author notes the significant deterioration of the present status of legal regulation of judges' disciplinary liability compared to the period before 2013. Disciplinary offence of a judge is currently also a separate violation of a Code of judicial ethics, which equates juridical and ethical liability. Instead of Disciplinary Judicial Presence that was an independent monojudicial body, a recently constituted Disciplinary board of the Supreme Court of the Russian Federation will be formed in accordance with the initiative of Russia's Supreme Court President. This body will be considering cases concerning the pre-term resignation of a judge having committed a disciplinary offence (etc). In the author's opinion there is a need for a special act governing each stage of disciplinary proceedings against a judge.


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