Правові та організаційні аспекти функціонування Вищої ради правосуддя: проблеми та шляхи реформування

The article is dedicated to analyzing the legal status and organizational principles of the functioning of the High Council of Justice (HCJ), a key judicial governance body, as well as identifying current issues and determining ways for its reform. The research aims to define the role of the HCJ within the judicial governance system, examine the legal and organizational foundations of its activity, assess operational challenges, and develop proposals for the body’s reform. To achieve this goal, general scientific and specialized methods were applied, including systemic-structural and comparative legal analysis. The article provides a comprehensive analysis of the constitutional and legal status of the HCJ as an independent collegial judicial governance body, outlining its organizational structure, mechanisms for forming its composition, and scope of powers. The study examines the procedures for judicial appointment, selection, and disciplinary accountability, which fall within the HCJ’s competence, and assesses factors affecting its effectiveness, particularly the transparency of procedures and the integrity of its members. Special attention is given to the challenges faced by the HCJ during martial law, particularly the consequences of the lack of quorum, which prevents the timely adoption of personnel decisions. The historical aspects of the HCJ’s establishment, its transformation from the High Council of Justice, and key directions for reform within the framework of the 2016 judicial reform are also explored. The study analyzes the compliance of the HCJ’s activities with international standards of judicial independence, particularly the recommendations of the Council of Europe. Key challenges are identified, including ensuring judicial independence, the effectiveness of disciplinary procedures, the organizational capacity of the HCJ, and difficulties arising from the full-scale military invasion. Potential pathways for improving the HCJ’s operations are outlined, including reforms to its composition formation mechanisms, enhancement of anti-corruption measures, increased transparency in decision-making, and the implementation of digital technologies to ensure the body’s continuous functioning under crisis conditions.