Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study
The article examines certain problems of legal regulation of preventing conflicts of interest in the activities of judges in Ukraine, ways to resolve it, and foreign experience of individual EU countries in this area. The methodology of scientific work is based on a system of methods of general scie...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2023-06-01
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| Series: | Juridical Tribune |
| Subjects: | |
| Online Access: | https://tribunajuridica.eu/arhiva/An13v2/6.%20Oleksandr%20Shevchuk%20Art.%202.pdf |
| _version_ | 1797219075581018112 |
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| author | Oleksandr Shevchuk Oleksandr Lysodyed Nataliya Matyukhina Oleksandra Babaieva Svitlana Davydenko |
| author_facet | Oleksandr Shevchuk Oleksandr Lysodyed Nataliya Matyukhina Oleksandra Babaieva Svitlana Davydenko |
| author_sort | Oleksandr Shevchuk |
| collection | DOAJ |
| description | The article examines certain problems of legal regulation of preventing conflicts of interest in the activities of judges in Ukraine, ways to resolve it, and foreign experience of individual EU countries in this area. The methodology of scientific work is based on a system of methods of general scientific and special legal methods of cognition. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of individual EU countries was carried out. The definition of "conflict of interest in the activities of judges" is proposed. It is argued that the public interest in the activities of judges is the public interest in ensuring that persons working in the judicial system exercise their powers and make decisions impartially, objectively and fairly. Attention is focused on the peculiarities of the application of the system of voluntary disclosure and registration by judges of a list of private interests regarding a conflict of interest. The principles, signs, types and features of the presence or absence of a conflict of interest in the activities of judges are revealed, their content is specified. The procedure for disclosing information about a conflict of interest in the activities of judges is indicated. Two ways of resolving a conflict of interest in the activities of judges are established, their problematic issues are disclosed. The types of responsibility of judges in cases of violation of legislation on conflict of interest are determined. Separate directions for improving the legal regulation of preventing and resolving conflicts of interest in the activities of judges are proposed, taking into account the positive experience of legal regulation of individual EU countries in this area. |
| first_indexed | 2024-03-07T23:55:16Z |
| format | Article |
| id | doaj.art-c9142101c9d04136a7be8e089e2e0f36 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:27:53Z |
| publishDate | 2023-06-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-c9142101c9d04136a7be8e089e2e0f362024-04-08T07:43:02ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822023-06-0113226128210.24818/TBJ/2023/13/2.06Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study Oleksandr Shevchuk 0Oleksandr Lysodyed1Nataliya Matyukhina2Oleksandra Babaieva3 Svitlana Davydenko4Department of Administrative Law and Administratively Activities, Yaroslav Mudryi National Law University, Kharkiv, UkraineDepartment of Criminology and Criminal Executive Law, Yaroslav Mudryi National Law University, Kharkiv, UkraineDepartment of Administrative Law and Administratively Activities, Yaroslav Mudryi National Law University, UkraineDepartment of Criminal Justice, Yaroslav Mudryi National Law University, Kharkiv, UkraineDepartment of Criminal Justice, Yaroslav Mudryi National Law University, Kharkiv, UkraineThe article examines certain problems of legal regulation of preventing conflicts of interest in the activities of judges in Ukraine, ways to resolve it, and foreign experience of individual EU countries in this area. The methodology of scientific work is based on a system of methods of general scientific and special legal methods of cognition. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of individual EU countries was carried out. The definition of "conflict of interest in the activities of judges" is proposed. It is argued that the public interest in the activities of judges is the public interest in ensuring that persons working in the judicial system exercise their powers and make decisions impartially, objectively and fairly. Attention is focused on the peculiarities of the application of the system of voluntary disclosure and registration by judges of a list of private interests regarding a conflict of interest. The principles, signs, types and features of the presence or absence of a conflict of interest in the activities of judges are revealed, their content is specified. The procedure for disclosing information about a conflict of interest in the activities of judges is indicated. Two ways of resolving a conflict of interest in the activities of judges are established, their problematic issues are disclosed. The types of responsibility of judges in cases of violation of legislation on conflict of interest are determined. Separate directions for improving the legal regulation of preventing and resolving conflicts of interest in the activities of judges are proposed, taking into account the positive experience of legal regulation of individual EU countries in this area. https://tribunajuridica.eu/arhiva/An13v2/6.%20Oleksandr%20Shevchuk%20Art.%202.pdfjusticejudiciaryconflict of interestpublic interestprivate interestforeign experience of eu countries |
| spellingShingle | Oleksandr Shevchuk Oleksandr Lysodyed Nataliya Matyukhina Oleksandra Babaieva Svitlana Davydenko Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study Juridical Tribune justice judiciary conflict of interest public interest private interest foreign experience of eu countries |
| title | Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study |
| title_full | Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study |
| title_fullStr | Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study |
| title_full_unstemmed | Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study |
| title_short | Conflict of interest in the activities of judges in Ukraine and the European Union: a comparative legal study |
| title_sort | conflict of interest in the activities of judges in ukraine and the european union a comparative legal study |
| topic | justice judiciary conflict of interest public interest private interest foreign experience of eu countries |
| url | https://tribunajuridica.eu/arhiva/An13v2/6.%20Oleksandr%20Shevchuk%20Art.%202.pdf |
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