Ethics of a judge shall be the standard of justice

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Ethics of a judge shall be the standard of justice

Court and law reform in the Pridnestrovskaia Moldavskaia Respublika which was started in 2001 as a result of the development of the project of the Conception of the Court and law reform, shall lead to the provision of independence and impartiality of justice, increase of requirements for professional behaviour of judges, strengthening of their responsibility for the observance of the norms of the law and professional ethics.

One of the most important goals of the reform shall be the realization of the requirements stipulated in the Constitution of the Pridnestrovskaia Moldavskaia Respublika. Thus has been adopted the Constitutional Law "About the Constitutional Court of the Pridnestrovskaia Moldavskaia Respublika", Constitutional Law "About the Supreme Court of the Pridnestrovskaia Moldavskaia Respublika", Statement about the Court Department of the Pridnestrovskaia Moldavskaia Respublika. The above-mentioned legislative documents were adopted to make important changes into the given system of guaranties of independence and impartiality of judges. At the same time they shall reflect the general tendency of strengthening of the lawful order in the republic, achievement of realization of real supremathy of law which shall be revealed in the development of powerful independent at realization of its functions court power capable on the ground of the law actually to solve the problems of justice.

The development of the process has become the adoption at the Vth Congress of Judges of the Pridnestrovskaia Moldavskaia Respublika on May 30th, 2003 of the Code of the Judge Ethics as the document capable to confirm the duties of judges at realization of justice, rules of ethic character obligatory for each judge of the Pridnestrovskaia Moldavskaia Respublika irrespective of their position.

Since the times of the Court Reform in Russia of 1864 the problems of the court ethics have constantly attracted attention of law specialists, philosophers and sociologists. First we can not but mentioned such inspirators and creators of the court reform of the XIXth century as S.I. Zarudny, D.A. Ravinskiy and N.A. Butskovskiy, and such leading Russian lawyers as A.F. Koni, E.Y. Foinitskiy, M.S. Strogovich and others.

The first codification rules of the court ethics were formulated in Russia in the Law from May 20th, 1885. The given Law announced unworthy the rank of a judge all reprehensible and amoral actions. Moral conditions stipulated in the Law were formulated from moral trades of a person necessary for admittance to court service and performance of court activity.

Till a definite period of time in the Pridnestrovskaia Moldavskaia Respublika the behaviuor of judges has been regulated by separate standards.

Article 34 and item 3 of the article 83 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika stipulate the standard of inadmissibility for judges to be the members of political parties and other social societies following definite political goals; to conduct business and other activity except tutor scientific and other creative activity; and occupy the position of a deputy.

Article 81 of the Constitution of the Pridnestrovskaia Moldavskaia Respublika establishes that any kind of interference into the activity of judges conducting justice shall be inadmissible and shall lead to responsibility in accordance with the Law.

The Law of the Pridnestrovskaia Moldavskaia Respublika "About the Status of the Judges in the Pridnestrovskaia Moldavskaia Respublika", "The Statement about the Disciplinary, Responsibility of the Judges of the Courts of the Pridnestrovskaia Moldavskaia Respublika" contain general standards regarding the status of judges and the order of giving them disciplinary penalties.

Article 8 of the Civil Processing Code of the Pridnestrovskaia Moldavskaia Respublika and Article 5 of Arbitration Processing Code of the Pridnestrovskaia Moldavskaia Respublika shall stipulate the principal of independence of judges at realization of justice. Article 19 of the Civil Processing Code of the Pridnestrovskaia Moldavskaia Respublika and Arbitration Processing Code of the Pridnestrovskaia Moldavskaia Respublika shall establish the ground for disqualification of a judge in case of circumstances doubtful in his impartiality.

Article 20 of the Civil Processing Code of the Pridnestrovskaia Moldavskaia Respublika and Article 17 of Arbitration Processing Code of the Pridnestrovskaia Moldavskaia Respublika contain the statement of inadmissibility of a repeated participation of a judge in the consideration of the case.

Thus the adoption of the Code of Court Ethics has become a step to stipulation of concret requirements to the judges of the Pridnestrovskaia Moldavskaia Respublika and a starting point to the new period of creation of professional court power.

It is necessary to mention that the judges have been given two projects for concordance - the project of the Code of Honour of Judges and the project of the Code of Court Ethics. The first project duplicated the Code of Honour of Judges of the Russian Federation adopted by the Resolution of the Council of Judges of the Russian Federation from October 21st, 1993. The Russian Code of Honour of Judges was created under the considerable influence of the American "Code of Behaviour of Judges of the USA" adopted by the Conference of the judges of the USA on April 5th, 1973 (with the changes made in 1992).

Standards of court ethics regulating professional and out-of-office activity of the American federal judges have become the standards of corporative law developed in accordance with the laws adopted by the Congress of the USA including the Law "About the Reform of Court Councils Behaviour of Judges and Invalidity" of 1980 and the Law "About the Reform of Ethics" of 1989. The given legislative documents reflect the tendence to increase of moral requirements of a society to the behaviour of judges and strengthening of responsibility for their violation.

Thus the Code of Court Ethics of the Pridnestrovskaia Moldavskaia Respublika has been adopted.

Taking into account the regulations and on the ground of the regulations acting in accordance with normative lawful inactments regarding the status of judges and requirements to them it can be possible to make some resolutions concerning the question of reglamentation of behaviour and moral manner of our judges.

In the Pridnestrovskaia Moldavskaia Respublika there has been given serious consideration to the problem of professional behaviour of the judges. The Constitution of the Pridnestrovskaia Moldavskaia Respublika establishes main guarantees of independence and immunity of the judges.

Alongside the Constitution of the Pridnestrovskaia Moldavskaia Respublika contains no moral limits for the judges specifying the presence of higher juridical education and the length of service in juridical profession not less than five years (Article 82). It is a well-known fact that in the Pridnestrovskaia Moldavskaia Respublika there has been applied the system of formation of Judges' Stuff giving the possibility of getting judges' positions to the persons of corparatively young age who consequently pass all the stages of professional career in courts of different levels - from first stages to superior.

On the ground of the above-mentioned it shall be expedient to introduce into the Constitution of the Pridnestrovskaia Moldavskaia Respublika an additional requirement for the judges regarding their moral manner. The changes of the same kind should be introduced into the Law of the Pridnestrovskaia Moldavskaia Respublika "About the Status of the Judges of the Pridnestrovskaia Moldavskaia Respublika" which shall regulate the requirements for the candidates for the position of a judge. In the list of the requirements there has never been mentioned an important moral condition not to make rough actions. I belive that the elimination of the given requirement shall create the condition for penitration into the judges staff of persons with low moral trades including the persons having made criminal crimes in the past. The specified drawback of the Law "About the Status of Judges" needs its fast liquidation.

The Statements of the Law of the Pridnestrovskaia Moldavskaia Respublika "About the Status of the Judges of the Pridnestrovskaia Moldavskaia Respublika" establishing disciplinary and administrative responsibility of the judges shall be in the view of European and world policy leading to increase of authority and responsibility of judges (Main Principles of Independence of Court Power Adopted by the Seventh Congress of UNO on Prevention of Crimes and Treatment of a Law-breaker in 1985. The European Charter about the Status of Judges, 1998).

Taking into account the significants of common principles and norms of international law during the preparation of the project of the Code there have been used the Main Principles regarding the independence of the court bodies adopted on VIIth Congress of the UNO on Prevention of Crimes and Treatment of a Law-breaker on September 6th, 1985; Recomendation R (94); by the 12 Committees of Ministers of the States - members of the Council of Europe on independence, efficiency and role of judges adopted on October 13th, 1994.

Foreign experience and mainly the experience of work of the American Association of lawyers has been used at preparation of project of the Code of Court Ethics. In particular there have been used separate requirements of the Model Code of the American Association of lawyers and Profession Code of the American Judge. law reform norm ethics

The analysis of the Code of Court Ethics adopted on the Vth Congress of Judges on May 30th, 2003 certifies to the following.

The goal of the present Code shall be the establishing of the rules of behaviour obligatory for the judges. The given rules shall regulate the professional and out-of-office activity of a judge for provision of independent and impartial justice keeping up the confidence of the society in dignity of court power.

The range of subjects shall be all the judges of the Pridnestrovskaia Moldavskaia Respublika.

The consiquences of violation of standards of ethics stipulated by the current Code shall be the disciplinary responsibility on behalf of the judges' association. In the Pridnestrovskaia Moldavskaia Respublika the decision of the imposing a judge with a disciplinary penalty shall be adopted by the bodies of the judges' association. These bodies shall be the high qualified judicial assembly.

In case of committing a crime by a judge the question of bringing him to a criminal responsibility in the Pridnestrovskaia Moldavskaia Respublika shall be decided by the Procurator of the Pridnestrovskaia Moldavskaia Respublika in the presence of consent the high qualified judicial assembly.

Structurally the Code of Judges' Ethics shall include four groups of requirements for the judges. The given four groups shall contain four sections of the Code.

Section 1 of the Code shall contain general requirements for the judges. Point 1 shall specify the duty of a judge to coordinate his actions both with the requirements of the Constitution of the Pridnestrovskaia Moldavskaia Respublika and other laws including common moral standards and rules of behaviour. The purpose of the point 1 of the project on the whole shall be the creation of the image of a judge conducting justice in accordance with human moral values.

Point 2 shall contain general requirements regarding correlation of the professional activity of a judge with his another activity specifying the prior significance of conducting by a judge his professional duties. The combination by a judge of a number of activities may have an essential influence of the quality of his carrying out his official responsibilities and therefore he must correctly determine his priorities. The reqirement established in the point 2 of the code develops in point 3 with the requirement of support of the authority of judicial power and a high rang of a judge. Its first sentence duplicates point 2 of the article 3 of the Law of the Status of Judges. It to great degree coordinates with the requirement regarding the support of the authority of the judicial power.

Section 2 of the Code shall determine the rules of behaviour of a judge at realization of his professional activity.

Point 4 contains general duties at conducting justice and points 5-8 contain a number of special standards establishing definite prohibition and duties. The contents of support 1 of the point 4 is grounded on the particular requirement of the Constitution of the Pridnestrovskaia Moldavskaia Respublika (article 16), Principal V (point 1), Recommendations R (94), 12 Committees of Ministers of states-members of the Council of Europe on independence of efficiency and role of judges contains the notification to the duty of judges to protect during a process of a case rights and freedoms of all persons.

The contents of the second sentence of sub-item 2 of the point 4 of the project shall be grounded both on the standards of the current in the Pridnestrovskaia Moldavskaia Respublika processing law and on the requirement stipulated in Recommendations R (94), 12 Committees of Ministers of states-members of the Council of Europe on independence of efficiency and role of judges (point 41 "A" of the explaining memorandum).

Point 5 of the Code shall specify inadmissibility of announcement of the information received at realization of justice. Points 6 and 7 shall determine the rules of behaviour at relations with the representatives of mass media and at conducting by a judge other official duties (except those connected with activities on realization justice). Point 7 of the Code shall contain the text taken (with some changes in its issue) from Processing Code of an American Judge (Law 3 "C"). Point 8 shall specify the duty of a judge to keep his qualification on a high level which shall be necessary for the perfect realization of his duties for conducting justice. law reform norm ethics

The judge as an official person who shall observe particular requirements shall be obliged in his activity to take into consideration the system of common basic principles stipulated in the Constitution of the Pridnestrovskaia Moldavskaia Respublika and in significant international documents which shall guarantee the fundamental rights of a person. These principles shall become the ground for concrete requirements to the behaviour of a judge, his attitude to the sides of the case and to the subject of judicial consideration.

Section 3 of the project of the Code shall determine the rules of behaviour in out-of-office activity. Point one of the current section shall contain general requirements. The following points (10 and 11) shall determine peculiar rules of behaviour, namely point 10 shall contain the peculiarities of behaviour of a judge at realization of the right for freedom of selfexpression and freedom of unification, point 11 shall contain the peculiarities of behaviour of a judge at realization of tutor and lecturing activity. The contents of subpoint 3 of the point 10 taken from Processing Code of an American Judge (Law 2 "C"). The requirement established in subpoint 4 of the point 10 is taken from Processing Code of an American Judge (Law 7 "C") and is grounded on the requirement of subpoint 3 of the point 1 of the article 13 of the Law about the Status of Judges.

At composing point 11 of the Code ("The peculiarities of behaviour of a judge at realization of tutor and lecturing activity") there have been used the requirements set in the annotation to canon 4 of Processing Code of an American Judge.

Section 4 of the project is dedicated to the questions of responsibility of judges for the violation of the requirements of the Code of Judges Ethics. Point 12 shall state the possibility of charging the responsibility both in cases of violation of norms of the Law about the Status of Judges and of the requirements of the Code of Judges Ethics. Point 13 shall contain general formulations regarding the order of bringing judges to the disciplinary responsibility.

Point 14 of the Code shall establish the limits of acting of the Code of Judges Ethics and its second point has been taken from Processing Code of an American Judge (canon 1).

However nevertheless of the presence of direct advantages of the adopted Code of Judges Ethics it contains separate disadvantages.

In the Pridnestrovskaia Moldavskaia Respublika there have been established legislative limits for the Status of Judges. At the same time the Code of Judges Ethics in the Pridnestrovskaia Moldavskaia Respublika does not contain the norms established by the legislation and includes only the requirements of moral character adding to the norms of the law. That is why the majority of norms of the current Code have been formulated quiet widely and generally and don't contain concrete requirements the consequence of which shall be an essential reduce of activity of given norms. However it is necessary to specify that our traditional mentalitet does not allow to identify the standards of ethics with the establishing of concrete sums of compensation received for separate activities. It is our tradition to consider moral requirements as the way of achievement high ideas of moral perfection, virtue and civil duty which can scarcely be expressed by means of establishing concrete limits.

A well-known Russian philosopher P.A. Kropotkin (1842-1921) wrote: "The main goals of ethics shall never be mixed with the goals of legislation. The doctrine of moral shall never solve the question if there is a great need in legislation. Moral shall always be of greater importance". And further, "...ethics shall never specify the strict order of behaviour because the man himself shall have to value different circumstances". He has formulated the idea that the goal of ethics shall exist in order to « create for the people the highest goal which shall be an ideal that shall be estimated higher than any advice and instinctively led them in perfect order”. Nevertheless Krоpotkin admitted lawful the attempts to formulize the norms of ethics, to create the so-called "empiric ethics" for realization of people's desire in a real ideal.

The analysis shows that in the Pridnestrovskaia Moldavskaia Respublika the normative requirements regulating the processing duties of a judge shall be given in the criminal code. Therefore the rules for conducting of professional activity of a judge specified in the Code of Judges Ethics of the Pridnestrovskaia Moldavskaia Respublika shall not be great in number (there are only five of them) and need to general requirements - without prejudice, impartialy honestly, politely and tactfully to carry out the duties and to keep the professional secret.

In our opinion it is necessary to borrow from the Americans the detailed reglamentation of the reasons for rejection of a judge taking into account that the main principal for establishing of such grounds shall be not only in the presence of direct or indirect interest in the decision of the case but the presence of such circumstances which can rise the doubts in objectiveness and impartiality of a judge. It means we shall make an accent on the external decencies, an image of a judge. Thus it is not necessary to copy everything. For example, our system of selection of judges shall be done in the way when lawyers comparatively become judges. Therefore in our conditions the requirement for rejection of a judge in case he has already performed in the given case as a lawyer or his colleague has taken part in the consideration of the case shall never practically be actual. At the same time it is necessary to specify in the Code of Judges Ethics of the Pridnestrovskaia Moldavskaia Respublika the list of grounds for rejection taking into account the specific structure of our legislation and to forsee the concrete cases from legislation proceedings.

In the Code there have been widely formulated the requirements for out-of-office activity of a judge. Out-of-office activity shall never cause the doubts in objectiveness, honesty and incorruptibility of a judge, doing harm to reputation, infringe upon his honour and prestige. Besides a judge shall never have financial and business relations causing the harm to his impatiality avoiding him from carrying out perfectly his activity.

In our opinion the requirements of the Code of Judges Ethics of the Pridnestrovskaia Moldavskaia Respublika regarding out-of-office activity of a judge (section 3) need addition reglamentation. And first of all in establishing clear limits of the financial activity of a judge. It is necessary to take into account that the establishing of the given limits including those connected with getting presence and service shall become incorruptive.

Thus the above-mentioned analysis shall sertify that the problem of warning antilawful behaviour in the judge association shall become actual for the Pridnestrovskaia Moldavskaia Respublika. For its decision it shall be useful to use the similar lawful mechanisms including Constitutional norms, legislative restrictions and means of corporative law. At the same time it shall be necessary to keep all the essential differencies in conceptual approaches and concrete ways of warning antilawful behaviour in judges association. There shall exist the necessity to study and to use the experience of other foreign states admissible in conditions of our activity.

In a number of countries of the world such as the USA, Canada, the Russian Federation and now in our republic the behaviour of a judge shall be determined normatively and shall be reglamentated by the codes of judge's ethics. Such codes shall be indepartmental lawful documents. They shall never influence a judge but shall give him a possibility to choose his own perfect way of behaviour, shall allow him to petition for aid to particular structures of court system. And the judge shall be guided by definite canons and testify to his consciesness.

For example, adopted in 1972 the Code of Juridical Behaviour (USA) has not been seriously overlooked. There have been made only two amendments for the whole period. The Code notifies that a judge shall provide unification and corporation of court system, that is he shall assist the strengthening of its authority without help of representatives of executive legislative powers and other officials. It notifies that honesty and independence of judges shall depend only on the judges themselves.

An important role in the Code is given to mutual aid on behalf of more experienced collegues and activity of so-called committees of judge's ethics. Namely they shall be given the right for official opinion about correctness of behaviour of judges and give recommendations to the Supreme Code concerning amendments into the Code of Behaviour of Judges. The Committees shall have the right to publish the information about the infringements of judges without concrete details (a personality of a judge and his destination), creating in this way a possibility of warning another judge of the same fault.

By the way it would be necessary to create such commissions of Judge Ethics in the court system of our Republic at the Council of Judges of the Pridnestrovskaia Moldavskaia Respublika.

The analysis certifies that the problem of warning antilawful behaviour of judges has become actual for the USA. It is necessary to take into account that for the court system of the United States being a federative state it has become characteristic the dual model of the court system in which there exist two parallel hierarchically organized systems of courts - the federal court system the court system of states. In fact in the country there function 51 court systems (one-federal and 50-state being subjects of federation). The number of federal judges is comparatively small and comprises 848 persons (according to the information for the year 2000).

The total number of judges in the states comprises 43 thousand persons. This very circumstance stipulates the fact that the majority of facts of the infringement of judges and their abuse of their powers is registered among the judges of the states. The given facts are often reasoned for the procedure of impeachment of a judge.

For the 200 years of existance of American lawful system the procedure of impeachment of the federal judges was implimented eight times. In 6 cases the judges were removed of their positions and in two cases the judges were justified. As for the judges of states the procedure of impeachment has been implimented quite seldom. For the last 15 years only two judges of the state were removed of their positions by means of impeachment. One of the judges was brought to the criminal responsibility and 5 persons were subjected to the procedure of impeachment. The ground for the impeachment as a rule shall be "rough infringement of the rules of behaviour", "a serious amoral fault", "grave crime" etc. At the same time the judges of states can be removed of their positions with the help of other methods as a result of removal of the occupied position ahead of time on the ground of the decision made by the court disciplinary commission or by any other means stipulated by the Law of the State.

The examples of infringement of norms of judge's ethics by the American judges shall certify to the level of the requirements to them. For example, on July 12th, 2000 the House of Representatives of the state New Hampshire voted for the impeachment of the Chairman of the Supreme Court of the state D. Brock. The accusation of Brock included the following requirements: his discussion with his judge colleague Taier on the case about the termination of marriage, the telephone call to the judge of the lawyer-level court made 13 years ago for the purpose of varification of court preceedings of the case connected with the interests of the company owned by the leader of the Senate majority of the above-mentioned state, this information was not transmitted to his colleagues when the case was brought for consideration in the Supreme Court, lie under the Oath in the Court Committee of the House of Representatives when he denied the fact of the above-mentioned call. On October 10th, 2000 the Senate of the state New Hampshire voted for no criminal resposibility of the above-mentioned judge.

In 1994 the judge of the supreme court of the state of Pennsylvania R. Larsen was removed of his position and banned to occupy any public position when the Senate of the state admitted him guilty in none perfect contacts with the representative of attorney. Besides Larsen was accused in six different infringements.

During a short period of time two Chairmen of the supreme court of the state Rod Ireland were removed of their positions by means of the procedure of impeachment. In 1985 D.A. Bevilaqua was removed of his position for the period of 4 month without any compensation by the Commission on Judge Discipline of the above-mentioned state "for making serious hard to the reputation of justice". The commission accused the above-mentioned judge that he had had a meeting with a woman in a motel owned by a person using drugs and engaged in gambling business. In 1986 the procedure of impeachment was brought into action against the above-mentioned judge under the same grounds. As a result D.A. Bevilaqua was retired from his position for the purpose of "bad health". In 1993 T. Fay, the chairman of the supreme court of the state Rod Ireland was retired under the threat of the procedure of impeachment. He was accused in illegal use of financial means given for the provision of the activity of court; for making court secretaries organize personal files; transmit of letters to the municipal judges with the request to provide him with the tickets for parking of his friends and the members of the family. In 1994 Fay was accused for fraud committeed by means of expence of different sums of money for personal goals.

According to the information of the American Court Society in 1999 99 judges were brought to different disciplinary penalties. Twenty two judges were given the public reproof. 5 judges were given the public reproof and fines. 3 judges were given the public reproof and a temporary removal of their position. 34 judges were given public warning. 20 judges were given public censure. 1 judge was given publlic censure and temporary removal of his position. 2 judges were given public warning. 5 judges were temporary removed of their position. 7 judges were dismissed of their positions.

But the problem of antilawful behaviour and infringement of norms of judge's ethics has become characteristic not only for the western countries. For example, in the Russian Federation in 1999 by the Qualification Commissions of Judges of Courts of Common Jurisprudence there were terminated the powers of 85 judges for committing faults disgracing the honour of a judge and the authority of court power in accordance with subpoint 9 of the point 1 of the article 14 of the Law of the Russian Federation "About the status of judges in the Russian Federation". Besides in 1999 under the same ground by the Qualification Commissions there were terminated the powers of 1 judge of Court of Arbitration, 4 judges of military courts. By the supreme Qualification Commissions of Judges of the Russian Federation there have been terminated the powers of 5 judges (4 chairmen and 1 deputy chairman of court). That is during 1999 by all Qualification Commissions of Judges there were terminated the powers of 95 judges of the Russian Federation.

The structure of antilawful and amoral faults committed by the judges leading to the termination of their authorities in the analised year comprised the following actions: 53% -rough infringements of law procedures including false court documents, making verdicts out of the court room; 26% - violation of terms of consideration of court cases leading to procrastination and infringement of the rights of the citizens; 10% - shirking including hard-drinking at work; 3% - disgracing everyday behaviour; 8% - other grounds. There is a great number of evil faults leading to the termination of authorities committed by the judges having the term of court service from 3 to 5 years (26%) and more than 10 years (34%). And the structure of antilawful actions of the judges has become typical. In the year of 2000 for the faults disgracing honour and dignity of a judge or reducing the authority of the court power committed the qualification commission's transmitted 247 documents and the authorities of 58 judges (23%) from 40 regions were terminated. The actions leading to removal of judges of their positions on the given ground has become procrastination and rough infringements of law procedures - 30 cases; false court documents - 9; making verdicts out of the court room -1; shirking and hard-drinking at work - 6; disgracing everyday behaviour - 2; violation of the Code of Honour of the Judge of the Russian Federation- 10 cases.

It is necessary to notify that a number of chairmen of courts understand their responsibility for the organization of court procedures and maintenance of the authority of justice. More often they become the initiators of the termination of the authorities of negligent judges and court officials. However the qualification commissions of judges prefer using other slighter forms of reaction to the facts of disgracing behaviour of their colleagues. So in the year of 2000 the qualification commissions of judges refused in the termination of the authorities of judges in accordance with the subpoint 9 of the point 1 of the article 14 of the Law of the Russian Federation "About the status of the judges of the Russian Federation" in 189 cases. At the same time the qualification commissions have retired the judges according to their written application in 18 cases; have made warnings to the judges in 67 cases; restricted in consideration of the documents in 34 cases; refused in the termination of the authorities on different ground in 70 cases. Such a number of refusals on the termination of authorities of the judges certifies, in our opinion, about a very condenscending attitude to the behaviour of their colleagues which can not but cause anxiety about the purity in judges' association.

It is necessary to take into account that a judge in a democratic lawful state shall belong to the highest strata of society and shall have such qualities as self-critisism, the aspiration for professional self-perfection, skill to correct drawbacks and critically apprehend the behaviour of other persons. The judge who behaves improperly, shall first, be himself interested in correction of his behaviour realising that the prestige of justice - the belief of people in truthfulness of the court system and this belief can be undermined by his improper behaviour.

Nevertheless there exist a number of differencies in our society and the societies of other democratic developed countries the accusation of improper behaviour of a judge on behalf of the citizens is expressed in the same way. A judge shall never permit the influence of related, social, political and other relations on his behaviour and on the decision of the court, shall never put his personal interests or the interests of other people higher the prestige of justice, shall never create the impression of the possibility of being influenced. A judge shall never be a member of any organization preaching the discrimination on race, sex, religion or nationality as it gives the ground for the doubt in his impartiality. He shall never permit any sayings which can influence the result of court procedures or violate the justice of the court procedures. A judge shall be careful in his behaviour.

It is the judges who shall realise the importance of their proper behaviour. It is the judges who shall become actually independent and be dignified to consider peoples' fates. In many countries it has already been realised not only by the representatives of juridical power. I hope we shall understand the same and we shall pronounce firmly that the Code of Professional Ethics of Judges shall not only become the law but it shall be the inner lawful document of judges, shall be become capable to support the authority, unity and independence of the juridical system of the Pridnestrovskaia Moldavskaia Respublika.

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