ПЕРСПЕКТИВИ РОЗВИТКУ ВИЩОЇ РАДИ ПРАВОСУДДЯ: ФУНКЦІОНАЛЬНИЙ АСПЕКТ

Abstract

Like any institution, the High Council of Justice (HCJ) develops in accordance with the conditions of social and state life. Its functions, structure, conditions of interaction with other subjects, etc. are developing. Therefore, the question of the perspective of its development always attracts attention. The purpose of the article is a systematic analysis of the functional aspect of the HCJ status regarding the assessment of the prospects for its improvement. First of all, emphasis is placed on the fact that a specific model of the judicial council has historically been formed in Ukraine. It is personified by two bodies – the High Court of Ukraine and the High Qualification Commission of Judges of Ukraine (HQCJ). This determines the relevant features of both the functional development of the HCJ and the structure of the judicial authorities, which are responsible for ensuring its activities in the state. The most urgent issue today is the assignment of such areas as the selection and evaluation of judges to the functions of the HCJ. This forms the basis of the activity of the HQCJ and puts the question of its existence on the agenda. The author pays special attention to the functional development of HCJ in the context of its interaction with the National School of Judges of Ukraine (NSJ) and the State Judicial Administration of Ukraine (SJA). In particular, it is stated that the norms of the current legislation do not provide an opportunity to talk about the existence of a legislative basis for the cooperation of the HCJ and NSJ in the field of judicial training. And this means that these two authorities are only minimally interacting and interconnected as elements of a single judicial power (system) in the state. As for the SJA, it is emphasized the need to correlate and balance its powers with the powers of the HCJ. The prerequisites and possible consequences of the implementation of the idea of granting the HCJ the right of legislative initiative was also analyzed. In the opinion of the author, the HCJ today has a sufficiently diverse toolkit for indirect participation in the law-making process and influence on legislative initiatives, their formation and development in matters that are important for the development and functioning of the judiciary in the state. Therefore, there are currently no sufficient grounds to support such an idea. Finally, it was concluded that the functional development of the HCJ depends on various conditions, first of all, political and economic. They determine the vectors of the development of the judiciary in the state, as well as social development, society’s demand for an independent court, a professional and honest judicial body.