NEPOTISM AS A BASIS FOR REMOVAL (SELF-RECUSAL) OF THE COURT’S COMPOSITION: ANALYSIS OF JUDICIAL PRACTICE

Abstract

At the moment, Ukraine is trying hard to meet both European and international standards. This is manifested not only in the reform of public authorities, the creation of new state bodies, whose main task is to combat and prevent corruption, but also to bring national legislation in line with international standards. In our opinion, Ukraine’s orientation to comply with international provisions on the independence and impartiality of judges is the key to creating a judicial system that should operate in a democracy, and is a factor that will contribute to the effective implementation of other legal reforms. In every democracy, the court must be independent and impartial. Without exaggeration, we can say that this is one of the fundamental principles of the judiciary. The principle of independence and impartiality of the judiciary includes many elements, among which a prominent place is occupied by the institution of removal of a judge from participation in the case. In this study, we would like to demonstrate the complexity of proving the grounds and facts that are necessary for the removal of a judge by analyzing the decisions of different judges. Proposals were made to improve the norms of national legislation and bring it in line with international norms. The authors drew attention to law enforcement practice, as in some cases the decisions of some courts directly contradicted others.