PECULIARITIES OF DISCIPLINARY LIABILITY OF JUDGES, PROSECUTORS AND OTHER PUBLIC AUTHORITIES WITH SPECIAL STATUS

Abstract

Disciplinary liability of public authorities with a special status is characterized by increased requirements for professional ethics, special procedural guarantees and specific bodies of disciplinary jurisdiction. Such entities include judges, prosecutors, members of the High Council of Justice, employees of the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation and other categories of employees whose activities are directly related to the implementation of the most important state functions. The article examines the peculiarities of disciplinary liability of judges, prosecutors and other public authorities with special status in the context of transformation of the public administration system and martial law in Ukraine. Particular attention is paid to the correlation between the principles of independence, accountability and professional ethics, as well as the role of disciplinary procedures in ensuring public trust in justice and law enforcement institutions. The author analyzes the legal framework for disciplinary liability, in particular, the provisions of the Law of Ukraine “On the Judiciary and the Status of Judges” No. 1402-VIII dated June 2, 2016, the Law of Ukraine “On the Prosecutor’s Office” No. 1697-VII dated October 14, 2014, and the bylaws regulating the activities of disciplinary bodies. The author establishes that disciplinary liability of these entities is complex in nature, combining elements of administrative, legal, constitutional and professional and ethical regulation. Its specificity lies in higher standards of behavior, a special procedure for initiating and considering disciplinary cases, the existence of special bodies (High Council of Justice, SBI, NABU) and guarantees of independence. It is substantiated that the effectiveness of disciplinary mechanisms directly affects the state of national security, the rule of law and the fulfillment of Ukraine’s international legal obligations, especially in the context of European integration processes and armed aggression. The author concludes that it is necessary to improve procedural guarantees, ensure transparency of disciplinary proceedings and harmonize national legislation with European standards.