JUDICIAL IMMUNITY: ITS LEGAL NATURE AND THE CONSTITUTIONAL GUARANTEES OF ITS PROTECTION
Keywords:
judiciary, judge, judicial immunity, judicial independence, judge immunity, constitutional guarantees, judicial and legal reforms, administration of justice, legal liability, rule of lawAbstract
This article analyzes the theoretical and legal foundations of the institution of judicial immunity, as well as its significance in ensuring judicial independence and the administration of justice. The constitutional and legal framework governing judicial immunity in the Republic of Uzbekistan and the provisions of national legislation regulating this institution are examined through a systematic approach. The procedural legal mechanisms for holding judges criminally, administratively, and disciplinarily liable, the content of judicial immunity guarantees, and their practical application are analyzed using legal and comparative legal research methods. In addition, international legal standards concerning judicial independence and advanced foreign practices are compared with the national legal framework. The study formulates scientific conclusions and practical recommendations aimed at improving the legal mechanisms of judicial immunity, strengthening judicial independence, and enhancing public confidence in the judiciary.
References
Sud va huquqni muhofaza qilish organlari dasrlik M.H. Rustamboyev, Y.N.Nikiforova. – Toshkent “Turon-iqbol” 2007. 253-, 254-b.
Oʻzbekiston Respublikasi Konstitutsiyasi 136-modda. http://lex.uz//docs/-6445145
Sudlar to’g’risidagi Qonun. http://lex.uz//docs/-5534923
"Oʻzbekiston – 2030" strategiyasi. http://lex.uz//docs/-8050769
O'zbekiston Respublikasi Prezidentining 2020-yil 24-iyuldagi PF–6034-son Farmoni. http://lex.uz//uz/docs/-4910826
Basic Principles on the Independence of the Judiciary. United Nations, 1985.
Bangalore Principles of Judicial Conduct. UNODC, 2002.
U.S. Constitution. Article III. Washington, D.C., 1787.
Shaman J.M., Lubet S., Alfini J.J. Judicial Conduct and Ethics. 5th ed. New York: LexisNexis, 2013.
Constitution of the French Republic. Paris, 1958.
European Commission for Democracy through Law (Venice Commission). Report on the Independence of the Judicial System: Part I – The Independence of Judges. Strasbourg, 2010.