АДМІНІСТРАТИВНО-ПРАВОВІ ЗАСАДИ ДІЯЛЬНОСТІ ОРГАНІВ СУДДІВСЬКОГО ВРЯДУВАННЯ

Abstract

A comparative analysis of the updated legislation of Ukraine and the current law "On the Judiciary and the Status of Judges", revealed changes in the legal status of the High Qualifications Commission of Judges and the High Council of Justice.

The legal status of the High Qualifications Commission of Judges and the High Council of Justice has been determined. The main problems in the formation and operation of judicial government are described. It is stated that the purpose of judicial governance is to create and ensure for the judiciary such conditions of operation in which the court will be transparent, justice - fair and in accordance with the Constitution of Ukraine and laws, and judges - to meet high standards of training and integrity. It is noted that the term "judicial self-government", whose activities, in accordance with the Constitution of Ukraine and the Law of Ukraine "On the Judiciary and the Status of Judges" is focused on protecting the professional interests of judges and resolving issues of internal courts. The importance of distinguishing between the concepts of "judicial governance" and "judicial self-government" is emphasized not only at the terminological level, but also taking into account the differences in functional purpose and goals pursued in the implementation process. Since judicial self-government is not a novelty for the texts of regulations in Ukraine, the attempts to introduce the definition of judicial governance are quite new and interesting, the very term "governance", without showing a connection with the court, judges and the judiciary is quite controversial. and finally did not find its final generally accepted meaning.

It is pointed out that judicial reform is almost completely recognized as contradictory to the provisions of the Constitution, and unconstitutional norms become invalid from the moment a decision is made on their unconstitutionality.