LEGAL LIABILITY FOR CORRUPTION AND RELATED OFFENSES IN THE FIELD OF LAND RELATIONS

Abstract

The need to study certain aspects of the judiciary is explained by the constant updating of current legislation. Given that the Ukrainian legislator has recently paid close attention to the call-up foreign experience, there is an objective need to analyse the legal status of the High Council of Justice, or bodies that perform its functions in foreign countries. The purpose of the article is to conduct a comprehensive comparative legal analysis of the status of the High Council of Justice in Ukraine and abroad. In the process of comparative legal analysis of the status of the High Council of Justice in Ukraine and foreign countries, the following methods were used: formal-legal (dogmatic), comparative-legal and the method of dogmatic (logical) analysis. According to the results of the research, it is determined that the current state of activity of the High Council of Justice is characterised by a certain representation of executive bodies, including judicial bodies. The key task is to work on the development of the judiciary, participation in the administration of judges, and the disciplinary responsibility of prosecutors and judges. It was found that the legislation of foreign states, consolidating the powers of judicial self-government bodies, gives them the right to select candidates for judges, appoint court chairmen, including bringing judges to disciplinary responsibility. Such bodies always involve government officials, including the president. However, it should be noted that the judiciary has exclusive independence from other bodies, including the executive and the legislature, which is manifested in broad powers. It is argued that the world practice identifies two main options for the appointment of judges: appointment by the President or Parliament on the proposal of the Ministry of Justice or the relevant body of judicial self-government (judicial councils); direct appointment of judges by the relevant body of judicial self-government (judicial councils). The study provides a comprehensive comparative legal analysis of the functioning of the High Council of Justice in Ukraine and foreign countries in today’s conditions, and provides specific proposals to improve existing legislation in terms of the activities of the body under study. The materials of this study can be useful for teaching training courses: Judicial system of Ukraine, international law. Also, the submitted proposals to improve the functioning of the body under study can be used by the legislature in considering the possibility of updating special national legislation