Implementation of the Principle of Independence of Judges Under Conditions of Their Irremovability (Life Tenure) and the Right to Resign: Common or Conflicting Aspects

The work presents various perspectives on understanding the principle of judicial independence under the conditions of their irremovability and the right to resignation. In particular, the study analyzes the legislation of foreign legal systems defining the content of the principle of judicial independence and the judicial practice of foreign states regarding its enforcement, compared with the approach applied in Russia. The dissertation also reflects the historical and legal development of the principle of judicial independence and the guarantees ensuring it, such as irremovability and the right of a judge to resign, from the adoption of the Concept of Judicial Reform in the RSFSR in 1991 to the latest period in the history of the Russian Federation. It explores and elucidates the content of these guarantees and identifies problems in the implementation of the principle of judicial irremovability and the right of a judge to resign, related to legislative shortcomings and issues revealed through the analysis of law enforcement practices. The conclusion of the study offers recommendations for improving legislation to strengthen the guarantees of judicial independence, namely: - in the event of the abolition or reorganization of a court, judges of the respective court should be automatically appointed to the newly established court or transferred to another court; - when granting judicial powers, endowing the recommendations of the relevant judicial qualification board with binding authority and providing for the head of state's right, in exceptional cases, to disagree with the recommended candidates, provided that a reasoned refusal is presented; - ensuring the participation of judicial community bodies in the procedure for terminating the powers of certain categories of judges by the Federation Council of the Federal Assembly of the Russian Federation at the request of the President of the Russian Federation, and others. Keywords: principle of judicial independence, guarantees of judicial independence, judicial irremovability, right of a judge to resign, procedure for granting judicial powers, procedure for terminating the status of a judge.