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Уповноважений орган, який забезпечує організацію та незалежність суддів (на прикладі Азербайджанської Республіки та України)

Year: 2025
Type: article
Abstract: The article is devoted to the study of the nature and significance of the authorized body ensuring the organisation and independence of judges on the example of the Republic of Azerbaijan and Ukraine, with due regard to the existing scientific approaches and provisions of the current legislation of these countries. It is established that the provisions of the national legislation of Ukraine and the Republic of Azerbaijan introduce an appropriate mechanism and determine the relevant legal regime of a special body ensuring the organisation and independence of judges within the socio-economic and legal framework of these States. The author determines that the High Council of Justice and the Judicial and Legal Council are quite similar in nature and significance in the legal framework of Ukraine and the Republic of Azerbaijan, respectively, and are the achievement of long-term implementation of the main international standards in the field of judiciary and justice into national legislation. The purpose of such a body is to combine the following components: 1) protection of judicial bodies and judges from external influence of other branches of power in the course of administration of justice; 2) ensuring efficient and high-quality justice; 3) optimisation of organisational and financial issues within the framework of management of the judicial system. The author supports the scientific position that the High Council of Justice and the Judicial and Legal Council are in fact a public authority with special powers and a procedure for its formation which combines the functions of all three branches of government in terms of formation of the judicial system and administration of justice. Proposals are made for mutual implementation of the provisions of Ukrainian and Azerbaijani legislation in terms of the definition of the High Council of Justice and the Judicial and Legal Council, as well as determination of the basic principles of their constitutional and legal status. Attention is drawn to the controversial issues of formation of these bodies and improvement of such a procedure by involving civil society institutions to a greater extent, as a result of reducing the proportion of representatives of public authorities, which will contribute to the realisation of the content of independence of such a body. The author supports the scientific position on expanding the functionality of the above body by providing it with certain rule-making functions and participation in the legislative process.
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W7025855227
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