1. General Terms
1.1. The Code of Conduct and Service Behaviour for the judicial employees of the Donetsk People's Republic (hereinafter - the Code) has been developed in accordance with the provisions of the Constitution of the Donetsk People's Republic, the Decree No. 40-2 of the Donetsk People's Republic Council of Ministers "On the Judicial System" d/d October 22, 2014, the Provisions "On the Judicial Department at the Supreme Court of the Donetsk People's Republic", approved by the order of the President of the Supreme Court of the Donetsk People's Republic No. 31od d/d December 29, 2014, and has been based on the generally recognized moral principles and norms of the society and state.
1.2. The Code represents a set of general principles of professional service ethics and basic rules of conduct which the judicial employees should be guided by regardless of the position they hold, with the exception of judges who are to be guided by the Code of Judicial Ethics.
1.3. A citizen of the Donetsk People's Republic, upon entry on duty to a court has to be familiarized with the provisions of this Code and observe them in the course of all his official activities, as well as during off-hours.
1.4. Every judicial employee is obliged to take all necessary measures to comply with the provisions of this Code, and every citizen of the Donetsk People's Republic has the right to expect from a judicial employee to conduct in relation to him in accordance with the provisions of the present Code.
1.5. The purpose of this Code is to establish ethical norms and rules of service conduct of judicial employees for the adequate performance of their professional duties, as well as to grow the authority, independence and efficiency of the judiciary, citizens' trust in state bodies and to ensure uniform standards of conduct for judicial employees.
1.6. The Code is intended to improve the efficiency of judicial employees’ performance of their official duties.
1.7. The Code serves as the basis for the formation of proper morality inside the judicial system, for the respect for the judicial in the public consciousness, and also serves as an institution of judicial employees’ social consciousness morals, their self-control.
1.8. Knowledge and observance of this Code provisions by judicial employees is one of the criteria for assessing the quality of their professional activities and performance.
2. Basic principles and rules of service conduct for judicial employees
2.1. The basic principles of service conduct represent the basis for the behavior of citizens of the Donetsk People's Republic, who exercise public functions.
2.2. Judicial employees, being aware of responsibility to the state, society and citizens, are pushed for:
- maintaining the Constitution and laws of the Donetsk People's Republic;
- knowing the requirements of laws, bylaws, regulations and norms relating to their official duties, and their consistent fulfillment;
- performing official duties in good faith and at a high professional level in order to ensure the effective functioning of state bodies;
- proceeding from the fact that the recognition, observance and protection of human and citizen's rights and freedoms determine the main meaning and content of the activities of both state bodies and civil servants;
- carrying out their activities within the authority of the Judicial Department;
- refraining from actions that prevent other judicial employees from carrying out their official duties;
- not giving any preference to any professional or social groups and organizations, being independent of the influence of any individuals, professional or social groups and organizations;
- excluding actions related to the influence of any personal, property (financial) and other interests that interfere with the conscientious performance of their official duties;
- avoiding relations with persons who may affect their ability to perform official duties in good and impartial manner;
- notifying the Head of the Judicial Department, the head of the relevant court administration, the President of the Supreme Court, the prosecution authorities of all cases of appealing to a judicial employee of any persons with a view to induce them to commit corruption offence. (To notify of the facts of the appeal with a view to induce to commit corruption offence, except in cases when the investigation of facts has been or is being carried out, is the duty of a judicial employee);
- performing duties related to the service career;
- maintaining impartiality, which excludes the possibility of influencing their official activities by political parties and public associations decisions;
- showing civility and diligence in dealing with citizens;
- showing tolerance and respect for the customs and traditions of the peoples living in the Donetsk People's Republic and other states territory, taking into account the cultural and other characteristics of various ethnic, social groups and faiths, promoting interethnic and interfaiths accord;
- refraining from conduct that could cast doubt on the conscientious performance of a judicial employee’s official duties, and avoiding conflict situations that could damage their reputation or the authority of the Judicial Department;
- taking measures to prevent conflicts of interests and settling of competing interests;
- not using the official position to influence the activities of state bodies, local authorities, organizations, officials, civil servants and citizens in solving personal issues;
- refraining from public statements, judgments and assessments regarding the activities of the President of the Supreme Court, the Vice-Presidents of the Supreme Court, the presidents of the relevant courts, the head of the Judicial Department, the head of the relevant court administration, if it is not part of the judicial employee’s duties;
- avoiding unconstructive criticism of their colleagues and bearing individual responsibility for public criticism of their work;
- ensuring the security and confidentiality of information for which the judicial employee is responsible or which has become known to him in connection with the performance of his duties;
- not attempting to access information that they are not authorized to possess;
- respecting the activities of media representatives in informing the public about the work of the Judicial Department;
- not responding to insults, accusations or criticism from citizens in the same way or in other manifestations of aggression humiliating a person;
- keeping in mind that every person applying to court has the right for respect, help and diligence;
- being friendly, communicate in a smooth, calm tone of voice, avoiding excessive gesticulation;
- constantly striving to ensure the most efficient disposal of resources in the field of their activities;
- preventing the spreading of deliberate rumours and usage of swear words;
- always behaving in such a way as to promote the preservation and strengthening of citizens' confidence in the integrity, impartiality and efficiency of the court;
- outside service activities and service relations, avoiding commission of acts or making public statements that could cause loss of reputation by the judiciary of the Donetsk People's Republic;
- during the curfew hours, refraining from visiting of night leisure and entertainment venues, from drinking to excess;
- in social networks, Internet forums and other forms of communication in the information and telecommunications network ‘Internet’, posting and commenting only on the information that does not damage the authority of judges and the judiciary, and also removing information from social networks placed before and discrediting judges or judicial employees.
2.3. Judicial employees are to maintain the Constitution of the Donetsk People's Republic and other regulatory legal acts of the Donetsk People's Republic.
2.4. Judicial employees in their activities shall not violate laws and other regulatory legal acts.
2.5. Judicial employees are to counteract manifestations of corruption and take measures to prevent it.
2.6. Judicial employees during the performance of their duties shall not allow personal interest, which leads or may lead to a conflict of interests.
When being appointed to a position and during the performance of official duties, a judicial employee is to declare existence or possible existence of personal interest which affects or may affect the proper performance of his official duties.
2.7. Judicial employees for the performance of their duties are not allowed to receive remuneration from individuals and legal entities (gifts, monetary compensation, loans, material services and other payments).
2.8. Judicial employees are to take appropriate measures to ensure the security and confidentiality of the information which they are responsible for or (and) which has become known to them during the performance of their official duties.
2.9. Judicial employee vested with the organizational and management authority in relation to other judicial employees shall set an example of professionalism and impeccable reputation for them, contribute to the formation of staff morale favorable for effective work in the Judicial Department and in the judiciary.
2.10. Judicial employee vested with the organizational and management authority in relation to other judicial employees is pushed for:
a) taking measures to prevent and resolve conflicts of interests;
b) taking measures to prevent corruption;
c) preventing cases of coercion of civil servants to participate in the political parties and public associations activities.
2.11. Judicial employee vested with the organizational and management authority in relation to other judicial employees shall take measures to ensure that subordinate judicial employees do not tolerate corruptly dangerous behavior, and by his or her personal actions set examples of honesty, impartiality and justice.
2.12. Judicial employee vested with the organizational and management authority in relation to other judicial employees under the legislation of the Donetsk People's Republic is liable for the acts or omissions of his or her subordinate employees violating the principles of conduct and the rules of official behavior in case of his or her failure to take measures to prevent such actions or omissions.
3. Ethical rules of service behaviour for judicial employees
3.1. In service behavior a judicial employee must proceed from the constitutional provisions that a person, his or her rights and freedoms are the highest value and every citizen has the right for privacy, personal and family secrets, protection of honor and dignity.
3.2. In service behavior a judicial employee refrains from:
a) any kind of statements and actions of a discriminatory nature on grounds of sex, age, race, nationality, language, citizenship, social, property or family status, political or religious preferences;
b) rudeness, displays of disrespectful tone, arrogance, prejudiced remarks, unlawful and undeserved accusations;
c) threats, abusive language or remarks, actions interfering with normal communication or provoking unlawful behavior;
d) smoking during official meetings, conversations, and other official communication with citizens.
3.3. Judicial employees with their official behavior are called upon contributing to establishing of business relationships within the team and constructive cooperation with each other.
Judicial employees shall be polite, friendly, tactful, attentive and tolerant in dealing with citizens and colleagues.
3.4. Appearance of judicial employees in the performance of their duties, depending on the conditions of service and the format of the official event, should promote respectful attitude of citizens to state bodies, correspond to the generally accepted business style characterized by officiality, restraint, traditionality, tightness.
4. Responsibility for violation of the provisions of the Code
4.1. Violation of the provisions of the present Code by a judicial employee may serve as the ground for disciplinary, administrative or criminal liability.
Responsibility comes in the limits and order established by the current legislation of the Donetsk People's Republic.