Open AccessTHE HIGH COUNCIL OF JUSTICE AND RELEVANT FOREIGN AUTHORITIES IN THE PROCESS OF APPOINTING JUDGES
Author(s) -
С. О. Халюк
Publication year - 2022
Publication title -
periodyk naukowy akademii polonijnej
Language(s) - English
Resource type - Journals
eISSN - 2543-8204
pISSN - 1895-9911
DOI - 10.23856/4915
Subject(s) - judicial independence , law , economic justice , political science , statutory law , dismissal , independence (probability theory) , constitution , consolidation (business) , judicial review , separation of powers , public administration , economics , supreme court , accounting , statistics , mathematics
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.