The Establishment of the Institute of the Advisory Bodies in the Judicial System of Ukraine: Historical Context

Abstract

This article examines the historical context of the creation and development of advisory bodies in the judiciary system of Ukraine. The article reveals the evolution of the structure and functions of these advisory bodies, from the Revolution of Dignity to the present day, and analyzes the political, legal, and socio-cultural factors that influenced their formation. The author also discusses the issue of public participation in the formation of the judiciary and public control.
 The article is based on an analysis of Ukrainian legislation, scientific works, sociological research, and practical experience of the functioning of advisory and consultative bodies of the judiciary. It was described the role and importance of advisory bodies that were created to assist in the formation and implementation of judicial reform and their contribution to increasing the effectiveness of the judicial system and strengthening democracy in Ukraine. It was also revealed the main reasons for the emergence of the Temporary Special Commission as the first manifestation of public involvement in reforming the justice system and explains the creation, functions, and powers of the Public Integrity Council.
 The article also explains that the Ethics Council was created as an auxiliary body in the formation of the High Council of Justice not only to align Ukraine’s direction towards joining the European Union but also due to the total disagreement of society with the existing procedure for the judiciary to exercise its powers.
 In conclusion, civil activism was the main prerequisite for the emergence of advisory bodies in the judicial system, with the main function of providing “public control” over the formation of the judiciary through the provision of conclusions on the compliance of candidates for positions and judges with ethical norms, integrity, etc.
 The article’s insights can be useful for further research in the field of judicial reform, and for involving civil society in the process of forming a fair, honest, and accessible judicial system.