- Journal Issues
- № 2 2015 Competitive criminal proceedings
- Problems of interdisciplinary research
- Engaging judges to criminal responsibility under art. 375 of the СС of Ukraine: problematic issues substantive and procedural law
Engaging judges to criminal responsibility under art. 375 of the СС of Ukraine: problematic issues substantive and procedural law
Review
Based on the analysis of scientific literature, the current legislation of Ukraine, statistics, and material practices, the authors research some substantive and procedural issues engaging judges to criminal responsibility for the enactment of their unjust decision and invited authors’ view of their solution.
The correlation of such categories as «unjust judgment» and «illegal judgment». During unjust judgment should be understood judicial act that does not meet the standards of legality, validity, motivation, fairness, reasonableness and timeliness. It is illegal decision made by a judge (judges) in violation of substantive and / or procedural law.
Indicated that bringing to trial the judge is also the way to solve miscarriages of justice that is appealing unjust court decision to a higher court to admit the appropriate judgment unjust.
Investigated problematic issues related to the possibility of criminal responsibility of judges of the Constitutional court of Ukraine, the panel of judges, judges who have resigned, if rendered them unjust judgment.
Keywords: judge, decision, pravosudne, standards, criminal responsibility.