In the dissertation, a comprehensive study of the constitutional and legal status of the High Council of Justice in the conditions of the implementation of the provisions of the judicial reform was carried out. It has been established that the issue of the rule of law is one of the most complex and complex issues in modern legal science. It is noted that it is worth distinguishing three main models of the rule of law: the Anglo-American ("The rule of law"), the French "Etat de droit") and the German (Rechtsstaat). One of the primary constituent elements of the principle of the rule of law according to any of the mentioned traditions is ensuring the independence of the judicial branch of government, where the bodies of judicial governance play a leading role.
The experience of establishing judicial governance bodies in foreign countries allows us to assert that their origins originate from the concept of the rule of law and are determined by the national and historical-legal positions of the relevant legal system. It has been established that the Supreme Council of Justice is a body that occupies a special place in the system of checks and balances, as it performs, among other things, the function of monitoring the potentially possible interference of other branches of government in the exercise of powers by the judiciary.
It was identified as a positive step on the way to modernizing the constitutional and legal status of the High Council of Justice, the introduction of amendments to the relevant profile law, which, among other things, provided for the creation of the Ethics Council - a body whose responsibilities include assessing the integrity of persons who potentially apply to become members of the High Council of Justice , as well as carrying out a one-time evaluation of the active members of the Council of Justice regarding its compliance with the requirements of integrity and professional ethics.
It was decided to expand the powers of the High Council of Justice in the aspect of responding to the protection of judges and prosecutors from any actions that may affect their independence or impartiality, raise suspicions about them, or may harm their professional reputation.
Defined, the European Network of Judicial Councils ENCJ unites national institutions in the member states of the European Union, which are independent from the executive and legislative powers and are responsible for supporting the judiciary in the independent administration of justice. The main documents adopted by the ENCJ General Assembly were analyzed.
It is noted that the systematic analysis of European standards in the field of judicial governance, in turn, allows us to assert that the vocation of the relevant judicial councils is to strengthen judicial independence and autonomy.
It is noted that there is an international consensus that judicial governance bodies should have a broad membership, which includes the majority of judges, but also provides for the representation of members elected / appointed from among the legal, including academic, community. Such models of judicial governance are considered the most successful from the point of view of ensuring the optimal implementation of their functional purpose.
It is proposed to apply the principle of balance in the formation of judicial governance bodies, which includes, among other things, direct participation in the composition of judicial councils and other representatives, not necessarily legal professions.
It is proposed to adopt a separate document - Guidelines and/or Code of Ethics of the High Council of Justice, which can strengthen public trust and contribute to a better understanding of the role of the said body of judicial governance.
