The dissertation is devoted to the study of the constitutional and legal status of the High Council of Justice in Ukraine and relevant authorities in foreign countries through their comparative analysis. Within the scope of the research, the state of scientific research, the regulation of the specified legal status, the methodology of own research, genesis, concepts and elements, legal personality, principles, personnel, disciplinary, control and supervision, organizational powers, general social and special legal constitutional guarantees were considered and analyzed. Provisions, generalizations, classifications, definitions, conclusions, proposals and recommendations aimed at improving the subject of research are substantiated and proposed.
Adhering to the rules of logical construction of the structure and sequence of presentation of the material in the dissertation, first of all the state of scientific research on the legal status of the High Council of Justice in Ukraine and relevant authorities in foreign countries was worked out. On this basis, it was established that the vast majority of dissertations, monographs, scientific articles, conference materials, speeches of individual officials and scientists are devoted to certain aspects of the constitutional and legal status of the High Council of Justice, but do not contain its comprehensive analysis. It was noted that the constitutional and legal status of the High Council of Justice requires a formed scientific doctrine. After all, only an agreed and universally recognized scientific doctrine can become the main basis for the development and adoption of really effective regulatory and individual-authority acts in the field of justice.
The doctrine of the constitutional and legal status of the High Council of Justice is defined as a system of scientific views, beliefs, concepts of Ukrainian and foreign scientists in the field of legal sciences (theory and philosophy of law, constitutional, administrative, criminal law and process, judiciary), as well as other humanities (state management, political science) in the field of knowledge and interpretation of formal, essential and substantive characteristics of the constitutional and legal status of the of the High Council of Justice and relevant authorities of foreign countries.
Normative sources regulating the constitutional and legal status of the High Council of Justice in Ukraine and foreign countries have been elaborated. A system of normative legal acts of the national legislation of Ukraine has been established, which directly determines the status of the High Council of Justice in Ukraine. International acts regulating the status of relevant authorities in the countries of the world were also analyzed. On this basis, international legal acts are divided into mandatory and advisory ones.
In general, international acts, both mandatory and advisory, establish such requirements for the regulation of the legal status of authorities corresponding to the High Council of Justice in Ukraine as: 1) legal regulation of the activities of judicial councils at the level of the constitution or special legislation; 2) introduction of institutional and functional independence from executive and legislative power; 3) provision of the procedure for formation of the composition of the relevant councils, in which at least half of the composition must be made up of judges elected by representatives of the judicial corps; 4) there must be powers regarding the abidingness of the decisions made within the judicial branch of government and for other state authorities, independence in determining the decision-making procedure is ensured; 5) issues related to bringing judges to disciplinary responsibility should be carried out or controlled by the relevant judicial councils.
