STATUS PRINCIPLES OF LEGAL STATUS OF JUDGES

Abstract

In article are comprehensively investigate status principles of legal status of judges. There are analyses basic acts of national legislation, which contain status principles of legal status of judges. Marked, that status principles of legal status of judges includes: 1) principle of unity of status of judges; 2) principle of intercommunication of rights and duties of judges; 3) principle of independence of judges; 4) principle of inviolability of judges; 5) principle of autonomy of judges; 6) principle of impartiality (fairness) of judges; 7) principle of unreplacement of judges. Principle of unity of status of judges is general legal status principle of legal status of judges, as in Law of Ukraine On the judicial system and status of judges is statutory, that judges in Ukraine have only status regardless of place of court in the system of the judicial system or administrative position, that a judge hold in a court. General legal status principle of legal status of judges in Ukraine is principle of independence, which provides for, that judges during realization of justice are independent. The principle of the independence of judges has been statutory in international legal acts, constitutional and legislative acts of foreign countries, the Constitution and laws of Ukraine, judicial practice and has been widely covered in scientific research. To general legal status principles of legal status of judges also includes the principle of inviolability of judges. This principle is also statutory in international and national legal acts. In accordance to Constitution of Ukraine inviolability of judge is guaranteed by Constitution and laws of Ukraine. General legal status principle of legal status of judges is principle of autonomy of judges. This principle of legal status of judges didn’t find his statutory in the current legislation of Ukraine, because a legislator didn’t see a difference between independence and substantive of judges and used these terms for description identical state. General legal status principle of the legal status of judges is the principle of impartiality (fairness) of judges, which is also statutory in international legal acts. However, this principle is not enshrined in the current Ukrainian legislation. This principle means that judges must identically behaves to parties in trials, to give equal possibilities to them, and also to have not a single personal interest as a result of process. Also general legal principles of the legal status of judges include the principle of invariability of judges. This principle is also enshrined in international and national legal acts. According to the Constitution of Ukraine, the judge holds the office indefinitely.