Independence of judges as a constitutional principle and deontological basis of the judicial profession

Abstract

A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.