ограничения

The Restrictions and the Bans Connected with Implementation of Powers of the Judge

Introduction. In article the requirements to judges and also to candidates for the judge’s position provided by the current legislation of the Russian Federation are considered. Similar requirements inherently represent the system of restrictions of constitutional rights of the person and citizen. Theoretical analysis. The analysis of the current legislation allows to draw a conclusion that requirements imposed to the judge represent the bans connected with acquisition of legal status of the judge, and requirements imposed to candidates for the judge’s position – restrictions. Empirical analysis consisting in the analysis law-enforcement and, in particular, jurisprudence has allowed to draw a conclusion that restrictions have to extend not only to candidates for judges, but also to effective judges and also judges in resignation. In other words, not observance of restrictions has to be considered not only as the basis for refusal in appointment to the post, but also as the basis of dismissal of the judge. Results. The conducted research allows to draw a conclusion, on need to enter into the Law on the status of judges the standard terms of restriction and the bans in the legislation on anti-corruption connected with implementation of certain types of public professional activity.