DRIVING A VEHICLE WHILE INTOXICATED AS A REASON FOR DISMISSAL FROM THE POSITION OF JUDGE AND PROSECUTOR

Abstract

The article examines the judicial practice of dismissing judges and prosecutors from their positions on the grounds of driving a vehicle while intoxicated.It is noted that in the process of Ukraine’s European integration and resistance to the armed aggression of the Russian Federation, lawyers must adhere to high professional standards and not commit offenses and immoral acts while performing their official duties and in their personal lives.Based on the analysis of the data of judicial statistics and practice, a conclusion was made about the existence of cases of driving of vehicles by judges, prosecutors and civil servants of various categories while intoxicated. It is noted that for such behavior incompatible with professional ethics, public servants are subject to administrative liability in accordance with Article 130 of the Code of Ukraine on Administrative Offenses and dismissal from their positions based on the provisions of the Laws “On the Judicial System and the Status of Judges”, “On the Prosecutor’s Office”, “On the Civil Service”.The judicial practice of resolving cases related to appeals to the Supreme Court under Article 266 of the Code of Administrative Procedure of Ukraine against decisions of disciplinary bodies on the dismissal of judges and prosecutors from their positions in connection with the admission of driving while intoxicated is analyzed.It was concluded that according to the practice of the Grand Chamber of the Supreme Court, the decisions of disciplinary bodies on the dismissal of plaintiffs from the positions of judges and prosecutors on the grounds of driving vehicles while intoxicated, as a rule, are not overturned. It is emphasized that immoral acts and crimes, driving vehicles and appearing in public places under the influence of alcohol or drugs should also not be allowed by lawyers who are involved in the work of bodies that carry out selections for the positions of judges and prosecutors, and assess the integrity of others.