Timush D. Administrative and legal principles of ensuring immunity of judges

The dissertation study is devoted to the disclosure of the administrative and legal principles of ensuring the inviolability of a judge based on a comprehensive analysis of the provisions of current legislation, doctrine and judicial practice, as well as the development of proposals for improving the current legislation on this basis. It is substantiated that the inviolability of a judge as an object of administrative-legal protection is an administrative-legal category with an institutionally separate content, the provisions of which are aimed at ensuring the creation of proper conditions for the administration of justice and thus guaranteeing the judge's impartiality when making court decisions. Compared to the independence of judges, provisions on the inviolability of a judge establish the peculiarities of the legal status of a judge as a subject of justice administration: a special legal procedure for detaining a judge, keeping him in custody or arrest; immunity from legal liability for decisions made, except in cases provided for by law; the impossibility of applying a pretext to it except in cases specified by legislation and others. In its essence, the inviolability of a judge is defined as a guarantee of the independence of judges. Determination of the ratio of immunity of a judge and inviolability of a judge as legal ideas that receive expression in legal norms: as content and form. The immunity of a judge as an additional guarantee to the guarantees of the human right to personal integrity is the legal basis for the positive consolidation of the provisions on the inviolability of the judge in acts of constitutional and administrative legislation. Systematization of the administrative and legal means of ensuring the inviolability of the judge was carried out according to the following criteria. First, according to a hierarchical feature within a specific legal institution: institutional, procedural, jurisdictional. Secondly, by place in the national legal system. Administrative and legal means of ensuring the inviolability of a judge must be allocated outside the judicial system. They are implemented within any activity of subjects of the national legal system, which is important for ensuring the inviolability of the judge.