On current problems of the mechanism of liability of judges for disciplinary misconduct: law enforcement practice, general approaches. Part 4. Approaches to improving and improving the efficiency of the organizational and legal mechanism of disciplinary responsibility of judges
- Authors: Kleandrov M.I.1
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Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 7 (2024)
- Pages: 115-125
- Section: Judicial power
- URL: https://journals.rcsi.science/1026-9452/article/view/263839
- DOI: https://doi.org/10.31857/S1026945224070107
- ID: 263839
Open Access
Access granted
Abstract
In the final, fourth part of the article, published in 2024 in the journal “State and Law”, certain results of the problems considered in its first three parts are summed up (part 1 – “Termination of the powers of a judge for a serious offense after the constitutional innovations of 2020 – constitutional or disciplinary responsibility?” (No. 3); part 2 – “On problems of disciplinary responsibility of court heads” (in two sections) (No. 4, 5); part 3 – “On the disciplinary responsibility of retired judges” (No. 6)). Conclusions are drawn about the imperfection of this mechanism with specific examples of law enforcement (and especially judicial) practice, including those caused by the imperfection of legislation in the area of public relations under consideration. Specific, including radical, proposals are being made aimed at improving and increasing the effectiveness of both the named mechanism as a whole and its individual links.
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About the authors
Mikhail I. Kleandrov
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: mklean@bk.ru
Corresponding Member of the RAS, Doctor of Law, Professor, Chief Researcher of the Institute of State and Law
Russian Federation, MoscowReferences
- Administrative justice: the end of the XIX – beginning of the XX century: a textbook. Part 1 / comp. and the introductory article by Yu. N. Starilov. Voronezh, 2004. Pp. 560, 561 (in Russ.).
- Borisov A. N. Commentary to the Law of the Russian Federation dated June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation” (article by article). M., 2008. P. 117 (in Russ.).
- Eremina S. N. On the issue of branch affiliation of disciplinary responsibility of judges (labor law aspect) // Administrative Law. 2011. No. 2 (in Russ.).
- Eremina S. N., Dzhanikyan M. V. The legal nature of disciplinary judicial presence: problems of interaction between labor and Civil Procedural Law // Arbitration and Civil Procedure. 2011. No. 6. P. 4 (in Russ.).
- Ershova E. A. Labor relations of state civil and municipal employees in Russia. M., 2008. P. 53 (in Russ.).
- Kazakova A. G. Problems of disciplinary responsibility of judges. SPb., 2007 (in Russ.).
- Kleandrov M. I. Responsibility of a judge. M., 2011. P. 211 (in Russ.).
- Kryukova V. V., Sorokaletova M. A. Disciplinary responsibility in Labor Law as a type of legal responsibility: the concept and basic principles // StudNet. 2022. No. 6. Pp. 6211–6217 (in Russ.).
- Lipinsky D. A., Shishkin A. G. The concept of a measure of legal responsibility // Journal of Russ. law. 2013. No. 6 (198). Pp. 40–49 (in Russ.).
- Lipinsky D. A., Musatkina A. A. On alternative incentive disciplinary sanctions // The power of law. 2018. No. 3 (in Russ.).
- Mikhailovskaya I. B. Courts and judges: independence and manageability. M., 2008. P. 10 (in Russ.).
- Petukhov N. A., Mamykin A. S. Legal regulation of disciplinary responsibility of judges in the Russian Federation // Russ. Justice. 2013. No. 10 (90). P. 40 (in Russ.).
- Polyakov I. N. On the disciplinary responsibility of judges // Court Administrator. 2011. No. 3 (in Russ.).
- Tolcheev N. Interview with member of the Presidium of the Association of Lawyers of Russia M. Borshchevsky “Judicial mandate” // Ross. gaz. 2011. 7 July (in Russ.).
- Trofimova G. A. Responsibility of judges under the Law of the Russian Federation “On the status of judges in the Russian Federation”: shortcomings of legal regulation // Modern law. 2017. No. 10. P. 95 (in Russ.).
- Tumanova L. V., Alekushina S. A. Some issues of disciplinary responsibility of judges // Herald of the S. Yu. Witte Moscow State University. Ser. 2. Legal sciences. 2023. No. 4 (40). Pp. 50, 51 (in Russ.).
