Guarantees of independence ensuring the status of a judge in the Russian Federation

The article deals with the content of the constitutional principle of irremovability of judges, which is fundamental for the implementation of justice and ensures the constitutional and legal status of judges. The author analyzes the views of researchers on ensuring the implementation of the principle of independence of judges by the current legislation, the main components of which are: (1) independence of judges from the legislative and executive authorities, (2) independence of judges from the "power of the judicial vertical" and (3) impartiality of judges as a form of personal manifestation of independence. It is emphasized that the principle of the independence of judges is a constitutional requirement addressed primarily to the judge as the bearer of the judiciary; therefore, it is the determining one. The content of Part 1 of Article 9 of the law of the Russian Federation "Оп the Status of Judges in the Russian Federation", which does not fully comply with the rules of legal technology: brevity, compactness, accuracy and lack of duplication of regulatory material, is critically evaluated. The analysis of the content of this rule and the positions of researchers on this issue allowed to draw the following conclusions: (1) it is sufficient to fix the guarantee of irremovability of judges instead of the two guarantees (the order of suspension and termination of powers and the right of a judge to resign) covered by this guarantee; (2) the content of the guarantee of the system of bodies of the judicial communit reflects the independence of the judiciary, the self-government of the judicial community rather than the independence of judges; (3) there is a need to include the system of selection and appointment to the post of judge, which are provided for in Articles 119 and 128 of the Constitution of the Russian Federation, in the list of guarantees of the independence of judges; (4) there is a need to include the requirements for a judge in the list of guarantees of the independence of judges, since it is obvious that the independence of judges is guaranteed by certain advantages over the general constitutional status of the individual (irremovability, inviolability) and the requirements and restrictions imposed on judges, the violation of which entails the loss of the status of a judge. In the article, a conclusion is made about the need for changes to Part 1, Article 9 of the Constitution of the Russian Federation "Оп the Status of Judges in the Russian Federation". The following wording is proposed: "1. The independence of the judge is ensured by the legal procedure for the administration of justice: prohibition of interference in the administration of justice under threat of responsibility; by the irremovability of the judge; by the inviolability of the judge; by the system of selection and appointment to the position of the judge; by requirements for the judge; by providing the judge, at the expense of the state, with material and social security corresponding to their high status". In the list, the guarantees aimed at ensuring the constitutional and legal status of a judge should include the irremovability and inviolability of the judge; the system of selection and appointment of a judge and the requirements for a judge.

Keywords

Authors

References