Termination of powers and dismissal of judges of the Constitutional Court of Ukraine as an element of their constitutional and legal status

Abstract

The article is devoted to the study of certain aspects of the legal status of a judge of the Constitutional Court of Ukraine, which includes guarantees for ensuring his professional activity, which are currently updated in the order of termination of powers and dismissal, the definition of requirements for a person who has the right to occupy the position of a judge of the Constitutional Court of Ukraine, and how the result of the proper procedure for the appointment or election of a judge to the body of constitutional jurisdiction. The author considered the national constitutional legislation on the judicial system and the status of judges, in particular judges of the Constitutional Court of Ukraine, summarized the main scientific approaches to understanding the category "constitutional and legal status of judges of the Constitutional Court of Ukraine" and the main structural elements of the constitutional and legal status of judges of the Constitutional Court of Ukraine. The article analyzes the guarantees of the activity of a judge of the Constitutional Court of Ukraine, such as independence and inviolability. The list of grounds for the dismissal and termination of the powers of a judge of the Constitutional Court of Ukraine has been determined. The need to ensure the independence of the Constitutional Court of Ukraine, as a body of constitutional jurisdiction, taking into account the special constitutional and legal status of a judge of the Constitutional Court of Ukraine, its element as a guarantee of independence and inviolability, including in the aspect of termination of powers and dismissal of a judge of the Constitutional Court of Ukraine, for the application of due legal procedure to these persons, taking into account the principle of the rule of law, international standards and current constitutional norms. It has been identified as one of the urgent needs to establish, at the legislative level, what exactly constitutes a significant disciplinary offense, gross or systematic neglect of one's duties, which is incompatible with the status of a judge or has revealed his incompatibility with the position held, and to regulate the procedures for initiating the dismissal of a judge of the Constitutional Court of Ukraine on this basis. On the basis of the developed research materials and the analysis of national legislation and scientific sources, problematic aspects of the termination of powers and removal from the position of a judge of the Constitutional Court of Ukraine were clarified and possible ways of solving such problems were determined.