ПОВНОВАЖЕННЯ ТА РЕФОРМУВАННЯ ВИЩОЇ РАДИ ПРАВОСУДДЯ ЯК ЕЛЕМЕНТУ ДЕРЖАВНОГО УПРАВЛІННЯ СИСТЕМОЮ ОРГАНІВ СУДОВОЇ ВЛАДИ УКРАЇНИ

The article is devoted to the study of the peculiarities of the composition and powers of the High Council of Justice in the field of organizational support for the activities of courts in Ukraine. The issue of reforming the Supreme Council of Justice as a component of state management of the system of judicial authorities of Ukraine is highlighted. For this purpose, the provisions of the Constitution of Ukraine and the special law regulating the activities of the Supreme Council of Justice were analyzed, as well as the main functions and tasks of the Supreme Council of Justice of Ukraine were considered. The question of resuming the work of the Supreme Council of Justice in 2023, the legal status of this state body in the system of the judicial branch of government was studied. It was found that the activity of the Supreme Council of Justice is extremely important in a democratic and legal state. The main tasks of the High Council of Justice are the formation of the judicial corps, the dismissal of judges from their positions, the bringing of judges to disciplinary responsibility for their violation of the provisions of the Law. The article also suggests ways to improve the procedure for recruiting personnel to the High Council of Justice. The urgent need for the High Council of Justice to implement the principle of independence of courts when they make court decisions is substantiated. It is noted that interference in the administration of justice or direct influence on judges in the legal and democratic state, which Ukraine positions itself as, is inadmissible in any way. Attention is drawn to the fact that the lack of an opportunity to appeal the illegality of decisions of the High Council of Justice to a higher body in Ukraine remains an extremely big problem in Ukraine today, and this creates opportunities for improper consideration of citizens' complaints, which is indirect proof of why there are numerous appeals to the ECtHR. These circumstances, first of all, reduce trust in the VRP as an extremely important body of state administration for the organization of high-quality justice. It was recommended that in order to increase public confidence in justice in Ukraine, the work of the High Council of Justice should be intensified, first of all, with the aim of cleaning the judicial corps. And also, in our opinion, the improvement of the activities of the Supreme Council of Justice should continue simultaneously with the reform of the judicial reform in Ukraine. It is the independence and impartiality of such state authorities as the Supreme Council of Justice that are the standard for the proper administration of justice in a legal and democratic state.

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Publication Details

Journal
Public Management and Law History Theory Practice
Published
2024-09-18
DOI
https://doi.org/10.31652/2786-6068-2024-4-15-27
Primary Topic
War, Law, and Justice
Type
article
Field-Weighted Citation Impact
0.00
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article

ПОВНОВАЖЕННЯ ТА РЕФОРМУВАННЯ ВИЩОЇ РАДИ ПРАВОСУДДЯ ЯК ЕЛЕМЕНТУ ДЕРЖАВНОГО УПРАВЛІННЯ СИСТЕМОЮ ОРГАНІВ СУДОВОЇ ВЛАДИ УКРАЇНИ

Андрій Піпко
Public Management and Law History Theory Practice
War, Law, and Justice
article

ПОВНОВАЖЕННЯ ТА РЕФОРМУВАННЯ ВИЩОЇ РАДИ ПРАВОСУДДЯ ЯК ЕЛЕМЕНТУ ДЕРЖАВНОГО УПРАВЛІННЯ СИСТЕМОЮ ОРГАНІВ СУДОВОЇ ВЛАДИ УКРАЇНИ

Андрій Піпко
article en

Abstract

The article is devoted to the study of the peculiarities of the composition and powers of the High Council of Justice in the field of organizational support for the activities of courts in Ukraine. The issue of reforming the Supreme Council of Justice as a component of state management of the system of judicial authorities of Ukraine is highlighted. For this purpose, the provisions of the Constitution of Ukraine and the special law regulating the activities of the Supreme Council of Justice were analyzed, as well as the main functions and tasks of the Supreme Council of Justice of Ukraine were considered. The question of resuming the work of the Supreme Council of Justice in 2023, the legal status of this state body in the system of the judicial branch of government was studied. It was found that the activity of the Supreme Council of Justice is extremely important in a democratic and legal state. The main tasks of the High Council of Justice are the formation of the judicial corps, the dismissal of judges from their positions, the bringing of judges to disciplinary responsibility for their violation of the provisions of the Law. The article also suggests ways to improve the procedure for recruiting personnel to the High Council of Justice. The urgent need for the High Council of Justice to implement the principle of independence of courts when they make court decisions is substantiated. It is noted that interference in the administration of justice or direct influence on judges in the legal and democratic state, which Ukraine positions itself as, is inadmissible in any way. Attention is drawn to the fact that the lack of an opportunity to appeal the illegality of decisions of the High Council of Justice to a higher body in Ukraine remains an extremely big problem in Ukraine today, and this creates opportunities for improper consideration of citizens' complaints, which is indirect proof of why there are numerous appeals to the ECtHR. These circumstances, first of all, reduce trust in the VRP as an extremely important body of state administration for the organization of high-quality justice. It was recommended that in order to increase public confidence in justice in Ukraine, the work of the High Council of Justice should be intensified, first of all, with the aim of cleaning the judicial corps. And also, in our opinion, the improvement of the activities of the Supreme Council of Justice should continue simultaneously with the reform of the judicial reform in Ukraine. It is the independence and impartiality of such state authorities as the Supreme Council of Justice that are the standard for the proper administration of justice in a legal and democratic state.

Public Management and Law History Theory Practice(4)
Human Growth Foundation (US)
Openalex Percentile: Top 49%
War, Law, and Justice
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