On current problems of the mechanism of liability of judges for disciplinary misconduct: Law enforcement practice, general approaches Part 3. On disciplinary liability of retired judges

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Abstract

In the present article, the third in the series devoted to a perspective of disciplinary responsibility of judges features of the mechanism of disciplinary responsibility of the judges staying in resignation are considered. Two groups of the judges staying in resignation are considered: a) “vacationers” as pensioners or working in the positions permitted by the law; b) called according to the legislation for direct implementation of justice for a certain term. The author pays attention that disciplinary this type of responsibility of judges-retirees is conditional, in the law it is not called in any way, for violation set the bans and restrictions for the judges staying in resignation the only type of responsibility – the resignation termination is established that does not give the chance for perfect offense to apply adequate punishment. The author formulates the conclusions, proposals are made.

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About the authors

Mikhail I. Kleandrov

Institute of State and Law of the RAN

Author for correspondence.
Email: mklean@bk.ru

Corresponding Member of the Russian Academy of Sciences, Doctor of Law, Professor, Chief Researcher

Russian Federation, Moscow

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