Abstract
The article is devoted to defining the role and place of the High Council of Justice and relevant foreign agencies amidst forming the judiciary. In Ukraine, considerable attention is paid to determining the status of the High Council of Justice. This is because fundamentals of the judiciary’s independence in terms of its formation and functioning, which directly relate judicial selection, their appointment, and dismissal, are laid with consideration to international instruments and specific foreign experience. The European community proposes to introduce into the legal framework a model of the judiciary’s organization through establishing appropriate bodies endowed with institutional and operational independence towards other branches of government. In addition, a determining tool for ensuring the independence of the High Council of Justice and the relevant judicial councils in foreign countries is the statutory consolidation of their legal status: either in the constitution or in the specific law. Ukraine has embarked on the path of strengthening the High Council of Justice as a body having constitutional status in the post-Soviet period. This period is characterized by a legal arrangement of institutional principles of judicial power and the legal status of its holders, consolidation of guarantees of their independence, and the autonomy of judges.
Highlights
According to the updated current legislation of Ukraine on the judiciary and the status of judges, the High Council of Justice has become the only body authorized to make decisions on the appointment and dismissal of judges, their transfer to other courts, apply disciplinary measures against judges and prosecutors, and deal with other personnel issues
According to Article 131 of the Constitution of Ukraine, the High Council of Justice shall submit a motion to the President of Ukraine to appoint a judge to the post based on the recommendation of the High Qualifications Commission of Judges of Ukraine together with the personal file of the candidate for judicial office
At the session of the High Council of Justice, a candidate for judicial office is considered after the report of a member of the High Council of Justice, who is appointed as the rapporteur in the case
Summary
According to the updated current legislation of Ukraine on the judiciary and the status of judges, the High Council of Justice has become the only body authorized to make decisions on the appointment and dismissal of judges, their transfer to other courts, apply disciplinary measures against judges and prosecutors, and deal with other personnel issues. In view of the above, the study of particularities of the functioning of the High Council of Justice as a reformed body of judicial governance is a relevant topic today. Z. Holobutovsky’s opinion, “at present, the authorities of the High Council of Justice as an entity with considerable powers of courts’ staffing are poorly studied in scientific literature. The author considers it expedient to discuss separate powers on the formation of the judiciary, which are delegated to the High Council of Justice and the relevant bodies of foreign countries
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