The article concerns the issue of excluding a judge in proceedings initiated by the application of the First President of the Supreme Court for the resolution of a legal issue referred to in art. 83 § 1 of the Act of 8 December 2017 on the Supreme Court. According to the author, in this proceeding the legislator did not provide for the possibility of excluding a judge, both from the office and on application. The Act on the Supreme Court does not know the institution of excluding a judge in relation to this proceeding. It is also not possible to refer to the provisions of the Code of Criminal Procedure or the Code of Civil Procedure, because there is no provision in the Act on the Supreme Court referring to these acts in this matter. The legislator regulated the proceedings referred to in art. 83 § 1 of the Act on the Supreme Court as an autonomous proceeding, independent of other proceedings, which excludes the possibility of appropriate application of the provisions of other acts.