Open AccessSPECIFIC RELEASE OF JUDGES REMOVAL: GENERAL THEORETICAL CHARACTERISTICS
Author(s) -
D. Tkachenko
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.30
Subject(s) - dismissal , law , legislation , administration (probate law) , context (archaeology) , economic justice , political science , term (time) , criminal justice , administration of justice , criminal law , physics , quantum mechanics , biology , paleontology
In the article the specifics of the removal of judges from office are clarified. The essence of this legal category is revealed. The general theoretical description of removal of judges from office is given.
The author points out that the notion of "removal" is more focused on the science of labor law (on dismissal) or criminal procedural law (on preventive measures such as removal from office and temporary removal of a judge from the administration of justice). The current legislation does not operate on the separate concept of “removal of judges”. Today, it is used in the context of such a measure of legal influence as "temporarily removing a judge from the administration of justice." For the term "justice", its definition is also not provided at the level of law, and in theory there is no common understanding.
In addition, at the level of the Basic Law, the terms "legal dispute" and "criminal prosecution" are considered as two different categories that are not covered by each other, which is logical in terms of the substantive load of these concepts.
It is worth noting that the term "removal of a judge from the administration of justice" is used in the law with the adverb "temporary", despite the fact that the very concept of "removal" already sees its temporary character - this phenomenon exists before certain conditions arise, after the onset of which it exhausts itself.