Formation of auxiliary advisory bodies in the system of justice in Ukraine: search for a concept

This article highlights the search for a concept in the field of formation of auxiliary advisory bodies in the system of justice in Ukraine through the prism of legal analysis of modern legislative approaches in this area under the legal regime of martial law and consistent European integration progress of Ukraine. Particular attention is paid to the legislative peculiarities of forming an Advisory Group of Experts to assist the subjects of appointment of judges of the Constitutional Court of Ukraine, as well as auxiliary bodies to assist the subjects of appointment of members of judicial governance bodies. It is outlined conceptual ideas for unifying legislative approaches in this area. It is established that the formation of auxiliary advisory bodies in the system of justice, through the prism of legislative regulation of these processes in Ukraine, is conditioned by the obligation of the Ukrainian State to fulfill several criteria in the direction of European integration. The fulfillment of such obligations in the field of constitutional justice and the justice system is characterized by the formation of new legislative approaches to the selection procedures, a characteristic feature of which is the introduction of the legal institution of auxiliary advisory bodies whose purpose is to assist the subjects of appointment (election) of personnel of the justice system in Ukraine in making relevant competent decisions. Based on the results of a comparative analysis of the legislation on the formation of the personal composition of auxiliary advisory bodies in the system of constitutional justice and the system of justice in Ukraine, the lack of a unified conceptual justification for legislative approaches in this area is noted, despite the similarity of the purpose of such bodies. It is proposed a conceptual approach to vesting auxiliary advisory bodies with unified powers and establishing a unified name for such bodies. The concept of ensuring maximum participation of the constitutionally defined subjects of election (appointment) of personnel of the justice system in the process of formation of auxiliary advisory bodies is substantiated. It is proposed to define compensatory mechanisms in legislation to overcome possible legislative gaps in connection with the involvement of international organizations in the process of forming auxiliary advisory bodies.

constitutional justice system, justice system, auxiliary advisory bodies, judicial governance bodies, selection of judges, concept, unification.