| Article title | Powers of Certain Bodies and Institutions of the Justice System Regarding the Organization of the Work of Courts in Ukraine |
|---|---|
| Authors |
Yurii Halaievskyi
|
| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 7 / 2025 |
| Pages | 138 - 149 |
| Annotation | The study is devoted to the analysis of the key tasks of the judiciary – ensuring accessible, independent and impartial justice in the state, which involves taking a number of measures aimed at ensuring sufficient funding, proper material and technical and personnel support, organizing effective office management, creating conditions for court employees and participants in the judicial process to be comfortable and safe in courts, etc. It has been established that over the past decade, Ukraine’s European aspirations have forced to significantly improve national legislation, in particular in terms of reviewing the powers of the President of Ukraine, the High Council of Justice, the Council of Judges of Ukraine, the High Qualification Commission of Judges of Ukraine, the State Judicial Administration of Ukraine regarding the organization of the functioning of the judicial system, in particular on issues of personnel and financial support, the formation of courts, ensuring their independence, etc. The key actors directly influencing the organization of court operations have been identified. The purpose of the article is to study the powers of key bodies and institutions of the justice system – the High Council of Justice, the Council of Judges of Ukraine, the State Judicial Administration of Ukraine, which, exercising external influence on the activities of the judicial system, play a decisive role in ensuring the organization of the work of the entire judicial system of Ukraine. It is proposed to amend the laws of Ukraine “On the Judicial System and the Status of Judges” and “On the High Council of Justice” to establish, under the HCJ, regional disciplinary commissions for judges of general courts, disciplinary commissions for judges of the respective specialized courts, and a commission for reviewing disciplinary complaints against judges of the higher specialized courts and the Supreme Court. Accordingly, the High Council of Justice will have the authority to review the decisions of the aforementioned commissions. The commissions will operate on a voluntary basis, and their composition will be formed from judges and retired judges, representatives of the public, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, and other state bodies. This will ensure: maximum territorial proximity of the place of consideration of a disciplinary complaint 21 Про судоустрій і статус суддів (н 3). 22 Про Вищу раду правосуддя (н 4). 23 Про судоустрій і статус суддів (н 3).to the complainant and the judge; improve the quality and terms of consideration of disciplinary complaints, and decide the fate of thousands of such complaints that have accumulated in the High Council of Justice and have been awaiting consideration for a long time; greater objectivity of the decision adopted by the High Council of Justice based on the results of reviewing the decisions of the designated commissions, because according to the current legislation, the High Council of Justice reviews its own decision only in a different composition. The author emphasizes that today there is a fairly extensive system of entities that ensure the organization of the work of the courts within the limits of the granted powers. At the same time, in order to ensure the work of the courts more effectively, there is a need to amend the current legislation in order to improve the powers of individual bodies and institutions of the justice system. |
| Keywords | judiciary; accessibility; independence and impartiality of justice; organization of the work of courts |
| References | |
| Electronic version | Download |