Authority of the Disciplinary Court
Pursuant to Section 481 of the law “On Judicial Power”, the Disciplinary Court had been established in the Supreme Court in 2010.
The Disciplinary Court shall be convened:
To evaluate rule of law of decisions of the Judicial Disciplinary Committee appealed;
To verify rule of law of negative statements given by the Judicial Qualification Committee within assessment of professional activity of judges;
To review the appealed decision of the Council for the Judiciary on establishing, amending or terminating legal relations;
To evaluate rule of law of appealed decisions of the Prosecutor General on application of disciplinary sanctions (Section 45 of the Office of the Prosecutor Law).
The procedure of the Disciplinary Court is laid down in the Judicial Disciplinary Liability Law.
Appealed statements of the Judicial Qualification Committee, decisions of the Judicial Council and decisions of the Prosecutor General shall be heard by the Disciplinary Court in accordance with the procedure established by the Judicial Disciplinary Liability Law.
A judge may appeal against decision of the Judicial Disciplinary Committee on imposition of a disciplinary punishment and removal from the post regarding him/her in the Disciplinary Court in seven days since the day of receipt of the decision.
The Chair of the Disciplinary Court may instruct one of members of the Disciplinary Court to prepare report on complaint submitted, or to ask the Judicial Ethics Commission to give its statement and explanation on interpretation and violations of ethics standards, or to request additional explanations and documents and invite other persons to its session to provide explanations.
The procedure for reviewing the appeals submitted to the Disciplinary Court is established in Section 113 of the Judicial Disciplinary Liability Law.
The complaint is heard in closed session, if the Disciplinary Court hasn’t decided differently.
The complainant, who submitted the complaint, participates in the session. If a judge doesn’t arrive at the session without plausible reason or if s/he has asked to hear the complaint in his/her absence, the complaint may be reviewed in his/her being away.
Person, who initiated a disciplinary case, or his/her representative may participate and express his/her opinion, when hearing a complaint.
Before hearing a complaint, the complainant may give a refusal to the Disciplinary Court.
Decision of the Disciplinary Court
When reviewing the appeal against decision of the Judicial Disciplinary Committee, the Disciplinary Court may pass following decisions:
To leave decision unaltered and to reject the claim;
To repeal the decision and to dismiss a disciplinary case;
To alter the decision, not deteriorating situation of a claimant
The operative part of the decision taken in the disciplinary case shall be announced at the hearing of the Disciplinary Court, at the same time determining the time when the full decision will be drawn up. If the Disciplinary Court finds that it is not possible to reach a decision at the hearing and announce the operative part thereof, a date shall be set within the next 30 days for drawing up the decision and making it available. This date shall be deemed to be the date of notification of the decision.
Decision of the Disciplinary Court comes into force in the moment of its proclamation and it is not reversible.
If the Disciplinary Court has refused to accept the complaint or has left the decision of the Judicial Disciplinary Committee unchanged and rejected the complaint, the decision of the Judicial Disciplinary Committee shall also enter into force at the time of notification of the decision of the Disciplinary Court.
Accessibility of materials of disciplinary case
Accessibility of the decisions adopted by the Judicial Disciplinary Committee and materials of disciplinary case is regulated by Section 116 of Judicial Disciplinary Liability Law.
Decision on initiation of the disciplinary case and materials of the disciplinary case, until the moment, when the decision of the Judicial Disciplinary Committee adopted in the disciplinary case, shall be accessible only to persons entitled to it according to the Judicial Disciplinary Liability Law.
Materials of the disciplinary case reviewed in open session are information of restricted accessibility. Materials of the disciplinary case reviewed in closed session become information of restricted accessibility for five years since the date, when the decision adopted by the Judicial Disciplinary Committee comes into force.
The decision adopted in a disciplinary case shall be published on the website by covering the part of the information that discloses personal data, including sensitive personal data. When publishing a decision adopted in a disciplinary case, the name and surname of the accountable person are not covered.