Almanac of law. Issue 11 (2020), pages 293–298.
DOI: 10.33663/2524-017X-2020-11-50
ISSN Print 2524-017X
Vitiuk D. L., Vitiuk R. V.
Problems of creation of the High Qualifications Commission of Judges of Ukraine in the Conditions of New Judicial Reform
Analyzing the provisions of Article 131 of the Constitution of Ukraine, it can be concluded that the constitutional powers to ensure the selection of judges, their professional training and evaluation are within the competence of the High Qualifications Commission of Judges of Ukraine. At the same time, the legal status of an authority that is vested with constitutional powers to form a judicial branch does not have the legal position of the Constitution of Ukraine, which creates legal uncertainty in the status of such an authority.
According to the authors, the authority of the High Qualifications Commission of Judges of Ukraine and the High Council of Justice to make a submission (recommendation) on the appointment of a judge is duplicate. Such a procedure demonstrates the excessive formalization of the process of appointment to the position of judge and requires the constitutional separation of the functions of the High Council of Justice and the High Qualifications Commission of Judges of Ukraine, reflecting the respective powers in the relevant legislation (Laws of Ukraine «On the High Judicial Council» and Law of Ukraine «On Judiciary and Status of Judges»).
A special place in the article is given to the procedure of formation of the High Qualification Commission of Judges of Ukraine and the imperfection of such procedure, stipulated by the current legislation of Ukraine. In particular, in the opinion of the authors, the formation of state agency whose competence is assigned to constitutional functions is the right to participate in the management of public affairs and, accordingly, is a constitutional right that effectively integrates the political rights of the citizen, guaranteed by the Constitution and laws of Ukraine. Such shortcomings threaten the formation of both the High Qualifications Commission of Judges of Ukraine in particular and the formation of the judicial branch in general.
Keywords: High Qualifications Commission of Judges, High Council of Justice, staffing, judicial reform.
References
- Konstytutsia Ukrainy: Law of Ukraine of June 28, 1996 No 254k / 96-BP. URL: https://zakon.rada.gov.ua (accessed:
03.20.2020). - Pro sudoustriy i status suddiv: Law of Ukraine of June 2, 2016 № 1402-VIII // «Zakonodavstvo Ukrayiny» / Verkhovna
Rada Ukrayiny. URL: http://zakon.rada.gov.ua/laws/show/1402-19 (accessed: 20.03.2020). - Pro vnesennya zmin do Konstytutsiyi Ukrayiny (about Jusice): Law of Ukraine of June 2, 2016 № 1401-VIII.
Vidomosti Verkhovnoyi Rady Ukrayiny. 2016. № 28. 532 s. - Universal Declaration of Human Rights adopted and proclaimed by UN General Assembly resolution 217 A (III) of
10 December 1948. - The International Covenant on Civil and Political Rights was adopted on 16 December 1966 by the General Assembly
of the United Nations.
Daria Lyubomyrivna Vityuk,
Associate Professor of the Department of Theory, History of Law and State
and Constitutional Law of the State Fiscal Service University of Ukraine,
Candidate of Law
Roman Vasilyevich Vityuk,
Assistant Judge of the Northern Economic Court of Appeal