LEGAL REGULATION OF CRIMINAL LIABILITY OF JUDGES FOR MAKING AN UNJUST DECISION IN UKRAINE: CURRENT STATUS

Abstract

Subject of study. The article is determined for studying such a question as the recognition by the Constitutional Court of Ukraine of Article 375 of the Criminal Code of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional). The suggested article includes investigating such a question as the defining and applying of the notions “wittingly unjust” and “injustice” in Ukrainian law, taking into account the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the method and arguments for recognizing the unconstitutionality of Article 375 of the Criminal Code of Ukraine, which have been used by the Constitutional Court of Ukraine in the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020, as well as delineation of the limits and grounds of criminal liability of judges for making unjust decisions after the abolition of Article 375 of the Criminal Code of Ukraine. The authors consider the definition and application of the terms “wittingly unjust” and “injustice” in judicial practice in Ukraine. The authors consider the options for defining the terms “wittingly unjust” and “injustice”, which were developed by Ukrainian lawyers. The authors conclude that there is no generally accepted definition of the terms “wittingly unjust” and “injustice” both in Ukrainian judicial practice and in Ukrainian legal science. The authors come to the conclusion that the concept of “injustice” cannot be used in modern Ukrainian law enforcement practice because it is not defined. The authors analyze the procedure for instituting a criminal case against a judge for a wittingly unjust court decision and conclude that this procedure leads to delegating the function of a judge to assess a court decision to the prosecutor, which is prohibited by the Constitution of Ukraine. The author review the international standards of criminal liability of judges for the issuance of court decisions in comparison with the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine. From the above data, the authors concluded that the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine duly justify the repeal of Article 375 of the Criminal Code of Ukraine. The main attention is given to the assessment of the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020 by the international legal institutions – the European Community and the United Nations. The authors used a logical method to analyze cases of Ukrainian judges making unjust court decisions and found signs of corruption offences or human rights violations in these cases. Сonclusion of the study. Therefore, the authors propose to proceed judges to criminal liability for the corruption offenses in cases where judges judge an unjust court decision. Value/originality. This study is an оriginal proposal to solve the current problem of regulating the criminal liability of judges for the issuance of an unjust court decision at present, after the repeal of Article 375 of the Criminal Code of Ukraine.