Borovytskyi O. Constitutional and legal framework for the activities of the High Council of Justice

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

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Applicant for


  • 081 - Право. Право


Specialized Academic Board

ДФ 11.051.012

Vasyl' Stus Donetsk National University


The dissertation is devoted to the study of the constitutional and legal foundations of the activities of the High Council of Justice (hereinafter reffered as - HCJ). In this work, based on the definition of the relationship between "judicial management" and "judicial self-government", the author's understanding of "judicial management" was first proposed, the definition of the constitutional and legal foundations of the organization and constitutional and legal guarantees of the HCJ activity was improved, the provision on the axiological principles of organizing the activities of the HCJ. Scientific views on the characteristics of the constitutional and legal nature of the HCJ as a public authority and judicial administration, which are characterized by such signs as collegiality, independence, lack of control and accountability to other government bodies, have received further development; independence of its members, not accountable and not controlled by the subjects of their appointment; the performance of public administration functions in the field of the formation of the judiciary, participation in the administration of courts, disciplinary responsibility of judges and prosecutors, belongs to the public tasks of the state. The understanding of discretionary powers as an evaluative concept has been improved and it has been proved that the issue of classifying certain powers as discretionary must be considered in the context of each individual case of exercising the powers of a state body; for the first time, the prerequisites have been identified that determine the discretionary nature of the powers of the HCJ in the formation of the judiciary, bringing judges to disciplinary responsibility taking measures to ensure the independence of judges and the authority of justice; it is substantiated that according to the criterion of the subject of discretion in the activity of the HCJ can be both collective and individual (the decisive is the personal conviction of each member of the HCJ, which ultimately determines the nature of their voting), but as a result of the legal nature of the latter as a collegial body, individual discretion is derived and only subsidiary. The provisions on measures have been improved, and the HCJ is adopting to ensure the independence of judges and the authority of justice of a general and individual nature.


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