Termination of the Resignation of a Judge for Violations Committed by Him in the Еxercise of His Powers: Some Problems of Law Enforcement

One of the significant guarantees of the independence of judges is their right to resign. In turn, this guarantee will be effective provided that termination of resignation for violation of legislation and (or) the Code of Judicial Ethics, the commission of defamatory acts, violation of established prohibitions and restrictions will be applied in exceptional cases with strict observance of procedural norms, and the grounds for termination of resignation established by law will have signs of legal certainty. One of the legally established grounds for termination of resignation, which, according to the author of the article, does not have such a characteristic, is the identification after the judge's retirement of violations committed by him in the exercise of the powers of a judge, which are the basis for imposing disciplinary penalties in the form of early termination of the powers of a judge.

The purpose of the study is to analyze the law enforcement problems of terminating the resignation of a judge for violations committed by him in the administration of justice. The objectives of the study are to demonstrate the lack of uniformity in the interpretation and application of the relevant provisions of the Law on the Status of Judges on the basis of the decisions of the Supreme Court of the Russian Federation and the qualification boards of Judges, as well as to formulate proposals aimed at solving these problems.

The main method of research was the general scientific dialectical method of cognition, within which universal scientific methods were used: analysis and synthesis, induction and deduction, formal-logical and systematic. The formal legal method and the method of legal modeling were used as private scientific methods.

The result of the study is the proposals made by the author, the implementation of which will lead to the formation of uniform judicial practice, ensure fairness and predictability of decisions made against retired judges, and, ultimately, will ensure an appropriate balance between the principles of independence of judges and the inevitability of responsibility for violations committed by them in the administration of justice.