State and municipal administration. Status of judges (most important)

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State and municipal administration. Status of judges (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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25. Status of judges

The status of a judge is characterized by the following constituent principles:

1) independence;

2) incompatibility;

3) irremovability;

4) immunity.

Judge Independence manifests itself in its submission only to the Constitution of the Russian Federation and federal law. Judges are not accountable to anyone in the administration of justice. A number of legal, social and material guarantees are also aimed at ensuring the independence of a judge (the prohibition to exercise any influence on a judge in a trial, the irremovability and inviolability of a judge, the possibility of providing personal protection and protection of the home, etc.).

Principle of incompatibility consists in prohibition for a judge to be in the civil service, to be a deputy of a representative body of power, to be a member of a political party, to engage in entrepreneurial and other paid activities (with the exception of teaching, scientific and other creative activities).

Irremovability of a judge means the impossibility of his transfer to another position or to another court without his consent. Irremovability does not mean lifelong tenure: the age limit for holding the position of a judge of a federal court is 65 years (as a judge of the Constitutional Court of the Russian Federation - 70 years).

The grounds for early termination of a judge's powers are: resignation, death of a judge, recognition of a judge as having limited capacity or incapacity, inability to exercise the powers of a judge due to health reasons, loss of citizenship of the Russian Federation, activities incompatible with the status of a judge, dismissal of a judge of a military court from military service, as well as early termination of powers as a sanction of disciplinary responsibility.

Judge immunity (judicial immunity) consists in a special procedure for bringing him to criminal liability (including bringing him as an accused in another criminal case, changing the qualification of the corpus delicti, etc.) and administrative liability imposed in court. A criminal case against any judge may be initiated only by the Prosecutor General of the Russian Federation on the basis of the conclusion of a panel of three professional judges of the relevant court of general jurisdiction (the Supreme Court of the Russian Federation or a court of a constituent entity of the Russian Federation) and with the consent of the relevant qualification board of judges (for judges of the Constitutional Court of the Russian Federation - with the consent of the judges of the Constitutional Court). The immunity of a judge also extends to his premises, transport, means of communication, and correspondence.

Author: Konstantin Sibikeev

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