Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Conflict of Interests and Teaching Activity of a Judge

Author(s): Kurylo Volodymyr, Kurylo Inna, Mashevska Oksana, Gulac Alena, Iarmolenko Iuliia

 The article examines the legally permitted paid activity of a judge outside the field of justice like teaching in the form of lectures to lawyers and other target audience on issues related to law, administration of justice or other similar issues. As such activity is generally not carried out by judges on a permanent basis, the latter is investigated in terms of the likely impact on the independence (objectivity) of the judge's position in deciding a particular case with the direct participation of listeners of such lectures. It is about a possible factor of the emergence of a potential conflict of interests. The main goal of the research is to establish whether a judge has a conflict of interests during giving lectures to lawyers and other target audience, on issues related to law or justice administration, if such activities are paid, not carried out on a permanent basis and in general, whether such activity is teaching. It was disclosed that according to the legislation the conflict of interests was identified as a corruption risk. As a result of scientific research, the need to amend the legislation was identified. It was proposed to supplement the decision of the Council of Judges of Ukraine On granting a clarification for teaching, scientific or creative work of the judge (2018) with the provision which defines judges teaching like act that doesn`t create a potential conflict of interest.

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