Grigorij Ermoshin

Judge in Retirement: Status, Rights, Duties

2012. No. 4. P. 87–97 [issue contents]

Ermoshin Grigoriy - Professor, Department of Constitutional Law, Russian Academy of Justice, Active State Advisor of 3rd class. E-mail: germoshin@list.ru
Address: Novocheryomushkinskaya St., 69, bldg.A, 117418, Moscow, Russia

The article examines the questions relating to the regulation of civil rights and duties of RF judges in retirement, critically analyzes RF acts containing provisions regulating the status of a judge in retirement and gives practical recommendations. These aspects have not been studied before. The author argues that the special status of a judge in retirement derives from the constitutional status of judges. This status implies higher requirements to judges, keep trust to their independence, competence and impartiality. However, some normative acts do not determine the legal status of the judges and in some other norms the status of the judge without powers of authority is similar the status of an acting judge, which has certain grounds. In particular, de-facto judges are deprived of the right to participate in political and public life. The law on the status of judges, 1992 imposed a ban on the party membership, and expressing opinion on public associations. However, the law does not forbid judges in retirement to accept awards and other badges of parties, public associations and even from foreign states. By law, judges in retirement remain part of the judicial community though no forms or ways of participation in the activity of the community are specified. The bodies of judicial community have the right to decide the question on terminating judge’s retirement, i.e. depriving him/her of the right to material support. A special attention is paid to the analysis of public status of the judges who retired and lost the status of the retired judge though not reached the age giving the right to lifetime support (pension). Other aspects of life support of judges in retirement have been revealed. The article poses a question on modernizing the RF legislation on judges. The article also formulates ideas which may positively change the situation.

Citation: Ermoshin Timofeevich Grigorij (2012) Sud'ia v otstavke: status, prava, obiazannosti [Judge in Retirement: Status, Rights, Duties] Pravo. Zhurnal Vysshei shkoly ekonomiki, 4, pp. 87-97 (in Russian)
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