Review of, and decision-making on, disciplinary cases by the High Council of Justice

The Secretary of the High Council of Justice convenes a session of the Council to discuss a disciplinary matter. At the session, the High Council of Justice discusses appropriateness of both terminating disciplinary proceedings against a judge and holding the judge liable under disciplinary rule. The Council reviews the available case materials.

The body responsible for prosecuting the judge is authorized to disagree with the pre-checking procedure results, which suggest that the judge be held liable under disciplinary rule or that the disciplinary proceedings against the judge be terminated, and to assert the contrary. The prosecuting body is also authorized to disagree with the legal assessment produced at the pre-checking stage and, based on the facts found during the initial examination, to change the ground for imposing disciplinary liability upon the judge.

A member of the High Council of Justice who, at the same time, is a member of the Disciplinary Panel of Judges of Common Courts, does not participate in the sessions of the High Council of Justice concerning disciplinary matters.

At its session, the High Council of Justice will discuss appropriateness of both terminating disciplinary proceedings against a judge and holding the judge liable under disciplinary rule. The Council will the available case materials. The Council is authorized to invite the judge under review and the author of the complaint (application) to the session and hear information and explanations from them.

The High Council of Justice has the authority to review a disciplinary matter and to make a decision thereon if more than a half of its members who are not members of the Disciplinary Panel of Judges of Common Courts are attending the session. A decision is deemed to be made if a majority of attending members has voted for.

Disciplinary proceedings are confidential. Officials with relevant powers, State servants and their assisting personnel are obliged to keep all the information secret that has become known to them during disciplinary proceedings.

The High Council of Justice makes a decision on holding a judge liable under disciplinary rule, which must provide information about the nature of the accusation. In the same decision, the relevant body or official will appoint its representative in the Disciplinary Panel of Judges of Common Courts to support the disciplinary charges. The relevant body or official is authorized to appoint several representatives to support the charges.

A copy of the decision will be handed over to the judge who is being prosecuted under disciplinary rule.

Within 1 week after a decision to hold a judge liable under disciplinary rule has been made, the decision together with the materials of the disciplinary case will be forwarded to the Disciplinary Panel of Justice of Common Courts.