Tenure as a constitutional principle, providing the status of judges

Автор: Shcherbakova I.A.

Журнал: Ex jure @ex-jure

Рубрика: Конституционное право

Статья в выпуске: 3, 2018 года.

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The article considers the constitutional principle of irremovability of judges as a guarantee of their status. The ambiguous attitude of scientists to its normative consolidation is shown. The approaches of scientists to the definition of structural elements of the principle of irremovability of judges are analyzed and critically evaluated. Special attention is paid to such an element of this principle as the term of judicial powers (age limit), the legislative regulation of which is not stable. In connection with the discussion of the concept of possible constitutional reform in the Russian Federation, it is proposed to directly reflect in part 1 of article 121 of the Constitution of the Russian Federation the term of office of judges. The conclusion is made about the importance of the principle of irremovability of judges as a guarantee of the status of judges and constitutionally significant human and citizen rights in judicial protection.

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Constitutional principles, principle of irremovability ofjudges, constitutional legal status of a judge

Короткий адрес: https://sciup.org/147230029

IDR: 147230029   |   DOI: 10.17072/2619-0648-2018-3-33-45

Статья научная