Paryshkura V. Legal liability of judges in Ukraine and the European Union countries: comparative legal analysis.

The thesis is devoted to complex research of issues related to bringing judges to legal liability in Ukraine and EU countries, including Germany, France, Portugal and Lithuania. It is established that the types of legal liability of judges that are typical for Germany, France, Portugal and Lithuania, are: a) disciplinary; b) civil; c) criminal. The constitutional liability of judges inherent Germany and Lithuania. Administrative - only Lithuania, liability for breach of order (a subspecies of criminal liability) - used in Germany and Portugal. On the basis of Ukrainian legislation and the relevant law-enforcement analysis the basic premises that adversely affect the efficiency of using disciplinary, civil, criminal and administrative liability against the judges are determined. Summarizing the legal experience of Germany, France, Portugal and Lithuania some recommendations to improve the regulation of judges' legal liability in Ukraine are proposed. In this regard, it is proved the necessity of introducing the disciplinary liability for retired judges in legislation of Ukraine. It is also proposed to stipulate provisions under which the High Council of Justice must decide considering the circumstances whether to take into consideration or reject anonymous complaints or reports of violations by judges. However, it is proved that the introduction of impeachment institute in Ukraine, which is the ability to remove a judge in the special procedural manner, is not consistent with the principle of independence of the judiciary and democratic standards of justice.