Challenges of holding the presidents of general jurisdiction courts liable to disciplinary measures and termination of their powers in the Russian Federation

Abstract

The article examines the challenges of holding the presidents of general jurisdiction courts liable to disciplinary measures and issues of terminating their powers. It is shown that the legal status of the presidents of general jurisdiction courts encompasses various elements, such as the procedure for terminating their powers, their liability, the procedure for replacing their post, their competence, and guarantees of independence. Five cases of termination of the powers of the president of a general jurisdiction court were considered: automatic suspension in the event of termination or suspension of powers as a judge, which may be directly tied to disciplinary proceedings, limitation of an office term, voluntary rejection of the position while retaining the powers of a judge, early termination of the court president’s powers while maintaining his/her position as judge for failure to fulfill or inadequately fulfill his/her official duties, commission of an act defaming the honor and dignity of a judge, as well as in any other circumstances specified under federal constitutional law indicating the inability of a judge to perform his/her duties. Significant gaps in matters of early termination of the court presidents’ powers are evident in Russian judicial practice, as demonstrated by numerous examples. The matters concerning the disciplinary liability of the presidents of general jurisdiction courts are analyzed with respect to the procedures, grounds and peculiarities for holding both judges and court presidents liable. A practical view of the modern interpretation of the concept “disciplinary offense of a judge” is shown. Recommendations have been made to improve the Russian legislation that deals with the issues of disciplinary liability of the presidents of general jurisdiction courts and termination of their powers, with a focus on the Law of the Russian Federation on the Status of Judges in the Russian Federation of 1992.