Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue 15 (27). Vol 2

DOI: 10.33098/2078-6670.2023.15.27.2.98-105 Zagurskyy O. Ensuring compliance with ethical standards of judicial activity under martial law

Zagurskyy O. Ensuring compliance with ethical standards of judicial activity under martial law

Purpose. Formulate copyright approaches to understanding the legal basis basis of the mechanism for ensuring compliance with ethical standards of judicial activity through the prism of judicial policy in the field of effective administration of justice. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. The study recognizes that there is a variety of approaches to the interpretation of the legal framework of ethical standards of judicial activity in the paradigm of implementation of judicial policy in the area of effective administration of justice and proper guarantee of the right to a fair trial. At the same time, a judge is obliged to comply with the rules of judicial ethics, including to demonstrate and maintain high standards of behavior in any activity in order to strengthen public confidence in the court, to ensure public confidence in the integrity of judges. Compliance with ethical standards and demonstration of compliance with ethical standards is an integral part of the work of judges. Originality. The study has established that judges constitute a special body of the legal profession, which, as holders of judicial power, is entrusted with an extremely important systemic and social mission. This is due to the fact that the powers entrusted to them are closely related to such universal values as justice, freedom and equality. Therefore, the public interest in maintaining public confidence in the judiciary obliges the legislator to establish certain ethical requirements for judges. Practical significance. The results of the study can be used to develop provisions, conclusions and recommendations on the state judicial policy in the field of administration of justice, to improve the level of relevant state decision-making in this area, and also to further improve legislation in the field of the judiciary.

Key words: international legal standards, judge, court ethics, judge ethics, trust in the judiciary.

References

  1. Constitution of Ukraine: Law of Ukraine of 28 June 1996. The Verkhovna Rada of Ukraine: official website. Avaliable at: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96%D0%B2%D1%80#Text. (accessed 8 June 2023). (in Ukrainian)
  2. On the legal regime of martial law: Law of Ukraine of 12 May 2015. The Verkhovna Rada of Ukraine: official website. Avaliable at: https://zakon.rada.gov.ua/laws/show/389-19#Text. (accessed 8 June 2023). (in Ukrainian)
  3. On the judicial system and the status of judges: Law of Ukraine of 2 June 2016. The Verkhovna Rada of Ukraine: official website. Avaliable at: https://zakon.rada.gov.ua/laws/show/1402-19#Text. (accessed 8 June 2023). (in Ukrainian)
  4. On the application of legislation ensuring the independence of judges: Postanova Resolution of the Plenum of the Supreme Court of Ukraine (1996, April 12). Avaliable at: https://zakon.rada.gov.ua/laws/show/v0004700-96#Text. (accessed 8 June 2023). (in Ukrainian)
  5.  Biriukova A.M., Kondratova I.D. (2021). Etychni standarty diialnosti suddi: poniattia ta rol. [Ethical standards of judicial activity: concept and role]. Aktualni problemy derzhavy i prava, 91, 21-29. (in Ukrainian)
  6.  Code of Judicial Ethics: decisions of the XI regular congress of judges of Ukraine of 22 February 2013. Avaliable at: https://zakon.rada.gov.ua/rada/show/n0001415-13#Text. (accessed 8 June 2023). (in Ukrainian)
  7.  Aleksieiev, A.H. (2008). Mizhnarodni standarty nezalezhnosti suddiv. [International standards of judicial independence]. Kyiv: Polihraf-Ekspres. (in Ukrainian)
  8.  Commentary to the Code of Judicial Ethics: rishennia Rady suddiv Ukrainy of 4 February 2016. Avaliable at: https://rsu.gov.ua/uploads/article/komentar-kodeksusuddivskoietiki-fd35472a7d.pdf. (accessed 8 June 2023). (in Ukrainian)
  9. Opinion No. 3 (2002) of the Consultative Council of European Judges to the Committee of Ministers of the Council of Europe on the principles and rules governing the professional conduct of judges, in particular ethics, incompatible conduct and impartiality. Avaliable at: https://www.coe.int/en/web/ccje/opinion-n-3-on-ethics-and-reponsability-of-judges. (accessed 8 June 2023). (in Ukrainian)
  10. Resolution of the Grand Chamber of the Supreme Court of 17 January 2019 (case No. 11-1010сап1817 January 2019. Avaliable at: https://zakononline.com.ua/court-decisions/show/79472855. (accessed 8 June 2023). (in Ukrainian)

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького