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Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)

Kazantsev, Anton

The article was retracted!

Abstract: The article analyzes the strengthening of the principle of independence of judges on both domestic (constitutional and legislative) and international law levels. The reasons and procedures for the termination of judge’s office established at the legislative level as guarantees for the independence of judges, as well as the right to resign, are considered. The article investigates the reasons for termination of judge’s office, which either grant or do not grant the right to resign. The reasons, which do not imply termination, are the ones associated with committing crime, or misconduct; the violation of the restrictions provided by legislation; intention to change the job; engagement in the activities incompatible with the judge’s status. The reasons eligible for resignation are written statement of the resignation; reasonable excuse or circumstances, which do not depend on judge’s will and do not allow exercising judge’s powers. The possibility to regulate on the regional level reasons and procedures of the resignation of judges of the Constitutional (Charter) Court of the subject of the Russian Federation, as well as the practice of normative legal regulation of the case by the legislator of the Chelyabinsk region, are observed. Such reason for termination of judge’s office as a refusal from the transfer to another court due to the court’s abolition is analyzed. The author concludes that the composition of the judicial facts, which form the legal relations connected with the judge’s resignation, includes the abolition of the court and the refusal from the transfer to another court. Nevertheless, such judicial facts have different meanings. The abolition of the court is the priority (basic) judicial fact eligible for resignation and compensation. The possibility of the transfer to another court in connection with the abolition of the court should be considered as an additional guarantee of the judge’s independence. According to the Chelyabinsk regional legislation, the judge of the Charter Court is considered to be resigned (voluntarily or forcibly) in the case of abolition of the Charter Court. According to the author, it is a “simplification” of the federal legislation by the regional legislator, and the deprivation of additional guarantees of judge’s independence in the form of the transfer to another court. Based on the analysis of Federal and Chelyabinsk regional legislation, as well as of the law enforcement practice, the author concludes that the reasons for termination of powers are sufficiently resolved on the level of the Federal legislation. The attempts of their shaping or adapting on the regional level could lead to a serious decline of the level of guarantees of judge’s independence. Therefore, they are unaccepted.

Keywords: constitutional justice; Constitutional (Charter) Court of the constituent of the Russian Federation; principle of independence of judges; retired judge.

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