Disciplinary proceedings

The print version

Basis for subjecting a judge to disciplinary responsibility

Pursuant to Paragraph One, Section 1 of the Judicial Disciplinary Liability Law, a judge may be subjected to disciplinary liability for:

  • Intentional violation of law during the adjudication of a case in court;
  • Failure to perform his or her duties of employment or allowing gross negligence in the adjudication of a case;
  • Dishonourable actions or gross violation of the norms of the Code of Judicial Ethics;
  • Administrative violations;
  • Refusal to discontinue his or her membership in parties or political organisations;
  • Failure to observe the restrictions and prohibitions provided for in the Law on Prevention of Conflict of Interest in Activities of Public Officials.

 

Authority of the Judicial Disciplinary Committee 

Cases concerning disciplinary and administrative violations by judges of district (city) courts, Land Registry Offices, regional courts and the Supreme Court shall be examined by the Judicial Disciplinary Committee.
 

The Judicial Disciplinary Committee may pass following decisions:

  • To impose a disciplinary sanction– a warning, a reprimand or a reduction of a salary;
  • To send the materials of the disciplinary case to the Office of the Prosecutor General to decide upon initiation of a criminal proceedings;
  • To recommend to remove a judge from his/her post;
  • To dismiss the disciplinary case.

 

Appeal of a Decisionof the Judicial Disciplinary Committee and Prosecutor General

The judge may appeal against decision of the Judicial Disciplinary Committee on imposition of a disciplinary punishment and removal from the post regarding him/her in the Disciplinary Court in seven days since the day of receipt of the decision.
The prosecutor may appeal against the decision of the Prosecutor General before the Disciplinary Court in seven days since the day of receipt of the decision.

Before the beginning reviewing the claim, the Chair of the Disciplinary Court may instruct one of members of the Disciplinary Court to prepare report on complaint submitted, or to ask the Committee on Judicial Ethics to give its statement and explanation on interpretation and violations of ethics standards, or to request additional explanations and documents and invite other persons to its session to provide explanations.  

The procedure for reviewing the appeals submitted to the Disciplinary Court is established in the Section 113 of the Judicial Disciplinary Liability Law.

 

Decision of the Disciplinary Court

A decision on the claim shall be taken by a majority vote of members of the Disciplinary Court. In the event of a tied vote, the Chair of the Disciplinary Court shall cast the deciding vote.

When reviewing the appeal against decision of the Judicial Disciplinary Committee, the Disciplinary Court may pass following decisions:   

  • To leave decision unaltered and to reject the claim;
  • To repeal the decision and to dismiss a disciplinary case;
  • To alter the decision, not deteriorating situation of a claimant;   

Decision of the Disciplinary Court comes into force in the moment of its proclamation and it is not reversible.