Year: 2025
Type: article
Abstract: The article is devoted to the analysis of problematic aspects of the institute of recusal of a judge in civil procedural law. The article considers recusal as an integral element of justice and one of the mechanisms for implementing the principle of fair trial. After all, impartial and unbiased consideration and resolution of court cases is one of the main duties of every judge, as well as an integral part of the judge’s oath, which is recognized as a violation, in particular, if a judge commits actions that may cast doubt on his or her impartiality and undermine public confidence in the judiciary as a whole. The institution of judicial recusal is one of the key guarantees of ensuring the objectivity of court proceedings in civil proceedings in Ukraine. At the same time, the practice of its application in Ukraine shows a number of problems that require detailed analysis and improvement. One of the main difficulties is the balance between ensuring the real impartiality of the court and preventing abuse of procedural rights by the parties to the case. In particular, among the problems of abuse of procedural rights is the abuse of the right to challenge, in the form of filing unfounded motions by the parties to delay the trial in accordance with clause 5 of part 1 of Article 36 of the Civil Procedure Code of Ukraine (hereinafter – the CPC of Ukraine). This practice not only complicates the administration of justice, but also undermines confidence in the judiciary. The formal approach to consideration of motions for recusal also creates situations when motions for recusal are rarely granted even if there are reasonable grounds. The article attempts to identify the imperfections of the institute of recusal of a judge in civil proceedings in Ukraine based on the analysis of current legislation, case law and the ECHR case law. Based on the analysis, the author examines practical examples which indicate the shortcomings of legislative regulation of judge’s challenge. The author suggests ways to improve the mechanism of judge recusal aimed at specifying the grounds for its application and improving the procedure for consideration of applications for recusal. Thus, the article emphasizes the need to improve the legal mechanism of judicial recusal to ensure fair, impartial and efficient judicial proceedings in Ukraine. The solution to the identified problems will help to strengthen public confidence in the judicial system, increase the level of legal culture and develop the rule of law.
Authors: A. V. Нavryliuk, A. O. Zelinska
Institution: Vasyl' Stus Donetsk National University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545310