THE ROLE AND IMPORTANCE OF THE COUNCIL FOR ETHICAL ISSUES OF THE SERBIAN AS SOCIATION OF JUDGES AND STANDARDS OF JUDGES' ETHICS

Authors

  • Mileva Gajinov Judge of the Supreme Court of Serbia, in retirement Member of the Council for Ethical issues of Serbian Association of Judges

Keywords:

judge, judicial function, ethics, independence, neutrality, professionalism, integrity

Abstract

In the text author analyzes juridical sources and application of judges' ethics in Serbia. During the socialistic period the issue of judges' ethics was neither analyzed nor legally regulated. Considering that process of transition towards democracy is in the progress in Serbia, according to European Community and wider models, author agrees that experiences and legal regulations of legally well organized democratic societies should be applied in Serbia.

This analysis firstly makes a review (survey) of actual status in the definition of standards of judges' ethics. The tendency towards the promotion of the in dependence of juridical authorities and the position of judges is noted in Serbia, and author agrees that the issue of judges' ethics should be advanced.

Serbian Association of Judges as professional as sociation defined the standards of judges' ethics. This analysis account that legal platform should be made, to put these standards under an obligation, and to plan the institutions responsible for its application.

The review of comparable legal regulations in Serbia and other countries is described in this analysis, to get her with the modes for its uses. Independence, neutrality, professionalism, integrity, dedication and fidelity to standards of judges' ethics are analyzed as well.

Author gives his suggestion for any of the principles of judges' ethics, based on the experiences that exist in Serbia and other countries. The conclusion is that mechanisms for the realization of the Standards of judges' ethics should be fortified, according to their universally obligatory principle, and the Low of judges, that is going to come in to the practice in Serbia from the beginning of 2010.

References

Statut Društva sudija Srbije, Informator Društva sudija Srbije, 2005. godine.

Standardi sudijske etike, izdavač Društvo sudija Srbije, Beograd, 2003. godine.

Poslovnik o radu Saveta za etička pitanja, Informator Društva sudija Srbije, 2005. godine.

Bangalorski principi sudijskog ponašanja, Informator Društva sudija Srbije, 2002. godine.

Howdoes the Comissions for judge`s behaviour function?, American judicatu resociety, ABA/CEELI, Beograd, 2004. godine.

Etički principi za sudije, Pravosudni savet Kanade, Društvo sudija Srbije, Beograd, 2004. godine.

Zakon o sudijama, Službeni glasnik RS, br. 116/2008.

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Published

2009-04-30

How to Cite

Gajinov, M. (2009). THE ROLE AND IMPORTANCE OF THE COUNCIL FOR ETHICAL ISSUES OF THE SERBIAN AS SOCIATION OF JUDGES AND STANDARDS OF JUDGES’ ETHICS. Pravo - Teorija I Praksa, 26(3-4), 11–24. Retrieved from https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/348

Issue

Section

Original scientific work