Socio-legal status of judges of the Russian Federation.
judge in developed countries has always been an honorable was considered the highest point in a legal career. On the one hand the judge has a high social and legal status, on the other - it enormous responsibility, - Both professional and social. The judge must be an exemplary citizen, a moral and a moral authority for all sectors of society. It must combine law-abiding, integrity, friendliness. In other words - it is a perfect example of a citizen of a particular State.
High responsibility is always a huge psychological stress. Stressors (stress factors) in the profession considered the monotony of labor process, a high sense of responsibility, fast switching when deciding the degree of correspondence between expected and actual result in a work station. long-term emotional stress.
additional strain on the psyche of the duty judge advocates to follow the rules of professional ethics. December 2, 2004 at the All-Russian Congress of Judges was adopted by the Code of Judicial Ethics - a document clearly an important and vital as it was designed to meet the most important task - to establish rules of conduct for judges in the justice process and in outside activities that best The legal status of judges as a professional and citizen. Advisable to give a brief analysis of the legal and moral standards of some of the document.
Article 1. Duty of a judge to follow the rules of ethical conduct
In his professional work and off duty judge is obliged to comply Constitution of the Russian Federation, guided by the Russian Federation Law "On Status of Judges in the Russian Federation and other legal acts, rules of conduct established by this Code, generally accepted standards of morality that upholds public confidence in justice, impartiality and independence of the court
very first article of this instrument raises questions. That should be considered "accepted" norms of morality and morality? After the Russian society, like any society consists of different social strata, it is diverse: a multi-religious, multi-ethnic and extremely uneven.
Because of this, it was necessary instead of the declarative and amorphous beautiful phrase about the moral and ethical standards to enter to document a number of norms of behavior that under any circumstances, does not meet the high status of judges. Particularly important because this measure is according to Clause 1, Article. 1.12 Russian Federation Law "On Status of Judges in the Russian Federation for a disciplinary offense, discrediting honor and dignity Judges and detracts from the credibility of the judiciary, the powers of a judge may be suspended. Thus, this rule provides qualification boards virtually unlimited opportunities for the deprivation of a judge's authority.
illustrative example above is the trial judge of the Moscow Municipal Court CA Flap. 6 April 1998 the panel of judges at the Moscow City under the chairmanship of SA Flap retired to the jury room for order sentence in a criminal case, declaring who participated in the hearing persons that the verdict will be announced April 15, 1998 April 15 chasov.15 1998 verdict of the case has not been declared, his announcement was postponed to another date.
Prior announcement of the verdict on the case on charges Soldatenkova VV Popov, VA et al Pashin SA traveled to St. Petersburg, where he participated in the conference to discuss the draft Criminal Procedure Code and spoke on the topic with the report of April 16, 1998 g.Prigovor in that case was declared a May 14, 1998.
Qualification Collegium of Judges in Moscow terminate the authority of judges, SA Flank on the grounds that his actions tarnish the honor and dignity of judges and diminish the authority of the judiciary
Russian Supreme Court's decision of 16 September 1998 decision to terminate the powers of the CA Flap lifted, but acknowledged that the qualification board of judges Moscow's right to characterize the actions of the judge. Obviously, this misconduct is misconduct, but did not act relating to the violation of moral and moral norms.
Further attention is drawn to paragraph 6 of Article 8 of the Code of Judicial Ethics - A judge should avoid any personal relationships that can cause damage reputation, affect its honor and dignity. What is meant by these bonds? Relationship to previously convicted persons criminal "authorities", individuals caught in prostitution, drug addicts and alcoholics? After the analysis of Section 6 of Article 8 suggests just such a conclusion. However, all citizens of Russia are equal before the law, have equal rights and responsibilities. Even if we assume that the judge's best friend is a person who repeatedly tried for murder rape and other grave and heinous crimes that does not mean that the judge admits the violations, which undermine its high status as a holder of judicial power, especially if it has a highly qualified and respected in the professional and social circles. Meanwhile, the criminal record of family members candidate for judicial office is the unofficial reason for the refusal to the applicant. The author is unable to provide justification for this thesis because No legal act does not contain such a rule, but in the legal community, given the fact is well known.
According to Article 8 paragraph 5 of the Code shall not judge belong to political parties and movements, support them financially or otherwise, and publicly express their political views, to participate in marches and demonstrations that are political in nature, or other political events. This norm is its meaning must ensure impartiality judges, to ensure its independence, which is particularly important when the jurisdiction of the court case in which the parties act in a political party or parties there is political interest in the outcome of the case in one form or another. However, the provisions of the Code comes into direct conflict with Part 1 and Part 3 of Article 29 of the Constitution of the Russian Federation, which stipulates that everyone has the right to freedom of speech and thought, as well as the fundamental provision of the ban on coercion to renounce the expression their beliefs. Obviously, when adopting a code pravotvortsy used a loophole, which provides part 3, article. 55 - Human rights and freedoms and citizens' may be limited by federal law only to the extent that it is necessary to protect the constitutional order, morality, health, rights and lawful interests of others, national defense and national security.
In view of the foregoing, it becomes clear the necessity further improvement of legal acts regulating the activities of judges both in the course of justice, and in their outside environment. Last particularly important, given the imperfection of the legal framework regulating it social and legal status of judges as a carrier of not only the judiciary, but the citizen possesses the totality of civil rights and liberties. These measures are needed including to improve the psychological, moral and ethical welfare of judges, which undoubtedly have a positive impact on their work site
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