Щодо правового регулювання діяльності Вищої ради правосуддя в контексті принципу верховенства права.

Abstract

The High Council of Justice is a body that is created in accordance with inherent procedure, has own constitutional legal status and performs tasks and functions inherent only to it. A number of issues and procedures of the activity of the High Council of Justice remain today, it requires further legislative regulation through the prism of observing the rule of law, especially given the latest experience of this constitutional body of state power and judicial administration.Considering the rule of law as a universal international standard of lawmaking and law enforcement, consisted of a number requirements of a formal and substantive nature and the provision which is directed to a number of legal principles, in particular the principle of legal certainty, the principle of proportionality, the principle of independence of judges. The article explores the possibility of appealing and canceling the decision of the High Council of Justice on the release of a judge and bringing a judge to disciplinary liability through the prism of compliance with the rule of law principle.After reviewing the doctrinal positions of the science of constitutional law, the legal positions of the Constitutional Court of Ukraine, the practice of the European Court of Human Rights, the authors proposed, in order to comply with the rule of law in the activities of the High Council of Justice, firstly, to provide, in the second part of Article 57 of the Law of Ukraine "On the High Council of Justice", the possibility of appealing and reversing the decision of the High Council of Justice on the release of a judge on the grounds specified in paragraphs 3 and 6 parts of the sixth article 126 of the Constitution of Ukraine including on other grounds in accordance with the law; secondly, to exclude from the authority of the High Council of Justice and to delegate to the competence of another body the opening of disciplinary case against a judge.