Discussion Issues Regarding the Establishment of the Service of Disciplinary Inspectors

Abstract

The article is devoted to changes in the procedure for bringing judges to disciplinary responsibility, which were conditioned by the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Procedure for the Election (Appointment) of Members of the High Council of Justice and the Activities of Disciplinary Inspectors of the High Council of Justice" dated July 14, 2021 No. 1635-IX and the creation of a new independent structural unit in the secretariat of the High Council of Justice - the service of disciplinary inspectors, which is entrusted with the implementation of the powers of the High Council of Justice to conduct disciplinary proceedings against judges. The purpose of the article is to analyze the legal and organizational aspects of creating a service of disciplinary inspectors. The methodological base of the research consists of a complex of general philosophical, general scientific and general logical methods, as well as general scientific methods of cognition, such as analysis and synthesis, induction and deduction, etc., the totality of which made it possible to achieve a certain level of objectivity, complexity and validity of the conducted research, the reliability of the results obtained. Attention was drawn to some organizational and legal problems of creating this service. The provisions of the draft Law on Amendments to Certain Laws of Ukraine on Resuming Consideration of Cases Concerning the Disciplinary Responsibility of Judges and Ensuring the Work of the Service of Disciplinary Inspectors of the High Council of Justice No. 9261 dated May 2, 2023, aimed at resuming the consideration of cases concerning the disciplinary responsibility of judges and ensuring the work of the service of disciplinary inspectors of the High Council of Justice are analyzed. A point of view was expressed regarding the inadmissibility of further delay in consideration of disciplinary complaints against judges. Proposals for the formation of the service of disciplinary inspectors, determination of the powers of disciplinary inspectors and the head of the service have been provided.