Materynko M. Organizational and legal bases for dismissal from the position of a judge.

For this research paper, complex research on the bases and procedures of dismissal of judges in Ukraine has been done. It relies on the generalization of modern doctrinal provisions of the judicial, constitutional and labour branches of law, international standards and domestic legislation along with law enforcement. The paper contains a number of formulated theoretical provisions, conclusions and practical recommendations. They are aimed at improving legal regulation and practice of applying the provisions on the dismissal of judges. It is of particular importance in the system of judge status guarantees and independence of the judiciary in general. Based on the concept of interconnection, interdependence and interaction of the principles of justice, it is justified that the system of substantive elements of the principle of immutability of a judge should be formed under the influence of the principle of unity of the status of a judge. Therefore, it should include the basic institutes potentially influencing changes in the states of a holder of the judiciary – the institutes of loss, deprivation or transformation (for example, into the status of a retired judge). It is proposed the following elements to be included in the content of the principle of immutability of a judge: (a) an exclusive list of grounds for dismissal/termination of a judge's powers; (b) the exclusive competence of the entities authorized to decide on the dismissal/termination of a judge; (c) a statutory procedure for the dismissal/termination of a judge; (d) judicial control over compliance with the procedure for dismissal/termination of a judge. A distinction is made between the concepts of “acquisition of the status of a judge” and “acquisition of the powers of a judge”. It is suggested that the moment of acquiring the status of a judge is the moment of a citizen of Ukraine’s admission to a trial. The moment of acquiring the powers of a judge (as a certain amount of legal capacity of a holder of the judiciary related to the need to perform professional functions of justice) is the acquisition of a status of a judge (when he or she becomes the judge of the case) following the distribution of the Unified Judicial Information (Automated) System. The author proposes a system of classification of the grounds for dismissal of a judge. It is stated that the legal guarantees of dismissal of a judge have a complex character of legal regulation by the branches of labour, administrative and constitutional law. The results of the thesis paper are also of significant practical value. In particular, they may be referred to for research, rule-making, education and law enforcement aims.