The Requirement of Incompatibility of Judicial Activity with Other Types of Activity Providing for Remuneration: Meaning, Content, Problematic Aspects

The idea of the incompatibility of judicial activity as an independent institution of judicial power has not received due justification in Russian science on judicial activity. The problem of determining the types of activity, including paid ones, which a judge is allowed to engage in or, on the contrary, is not well studied in Russian science, and scientific works on this topic are few. Meanwhile, the issues of incompatibility of judicial activity with any other types of paid activity, with the exception of those expressly permitted by federal law, seem to be very sensitive both in relation to active judges and to retired judges. Purpose of the work: to substantiate the idea of the incompatibility of judicial activity as a standard for organizing judicial activity and an element of judicial status, on the basis of which to disclose its content, determine the proportionality of prohibitions on carrying out other paid activities in relation to active judges and retired judges, and characterize the models of legal regulation of the labor activity of the latter in foreign legislation. The methodological base is made up of traditional techniques and methods of scientific knowledge (dialectical, historical and legal, system analysis, comparative legal, etc.). The following conclusions were made. The requirement of incompatibility of judicial work with other types of activities that bring remuneration is an important institutional tool that expands the content and guarantees of independence and impartiality of judges. The content of incompatibility in the labor law context is the prohibition of judges to occupy certain positions or engage in certain professional activities for remuneration. The problems associated with the work of judges after retirement and the scope of restrictions applicable to them are debatable and are relevant in many countries. The paper highlights the main approaches to the legal regulation of the career of retired judges, the nature and completeness of the restrictions applied to them related to the requirement of incompatibility, which have developed in foreign practice. The proposals for improving the Russian model of legal regulation of the careers of retired judges are substantiated in terms of removing excessive restrictions and prohibitions concerning permitted paid activities.