Skoromnyy Y. Legal responsibility of judges: problems of theory and practice

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100385

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

26-03-2021

Specialized Academic Board

Д 35.140.02

Lviv University of Business and Law

Essay

The object of the research is the responsibility of a judge (judges) as a legal phenomenon and a process of legal reality. The subject of this research is the legal responsibility of judges (problems of theory and practice). The dissertation includes the following sections (with subsections): 1. Theoretical and legal foundations and conceptual analysis of the legal responsibility of judges (genesis of legal responsibility of judges in the legal system of Ukraine; certain aspects of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge; interpretation and significance of legal responsibility of judges in Ukraine); 2. Types and features of legal responsibility of judges in Ukraine: practical aspects (features of the disciplinary responsibility of judges in Ukraine; legal aspects of bringing judges in Ukraine to civil liability; topical issues of criminal responsibility of judges in Ukraine; some problematic aspects of bringing judges to civil and criminal liability under the legislation of Ukraine; on bringing judges of Ukraine to administrative responsibility: practical aspects and features); 3. Theoretical and applied characteristics of the structural components of the institution of legal responsibility of a judge (analysis of the institution of immunity of judges and their legal responsibility in Ukraine; ensuring the fundamental right of man and citizen to a fair trial as an object of protection of the institution of legal responsibility of judges; violation of the oath of a judge in the context of constitutional responsibility; grounds for the legal responsibility of judges; guilt as one of the elements of the subjective side of a judge's legal responsibility); 4. Bringing a judge to legal responsibility typological analysis in the countries of the European Union and procedural aspects in Ukraine (comparative analysis of bringing to legal responsibility of judges in the countries of the European Union; lustration through the prism of legal responsibility of judges; material and procedural aspects in matters of the ratio of various types of legal liability of a judge); 5. Directions for increasing the efficiency of the institution of legal responsibility of judges (organizational and legal instruments and measures to prevent and counteract offenses in the judiciary; measures of material and legal support of judges and counteraction of offenses in the judiciary; some aspects of optimizing the legislation of Ukraine in the context of bringing judges (judge) to legal responsibility).

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