INTEGRITY CHECK AS A TOOL FOR ENSURING THE INSTITUTIONAL CAPACITY OF THE JUDICIARY

Abstract

The article analyzes the scientific points of view and the scope of regulatory regulation of the list of bodies of the judicial branch of government of Ukraine. The need to specify the list of relevant bodies at the legislative level is determined. An explanation is provided that the specified information is important during the analysis and assessment of the steps already taken in the issue of implementing integrity checks during the formation of the judicial corps and judicial bodies. Further, attention is drawn to the legal status and limits of authority regarding integrity checks: Public Integrity Council under the High Qualification Commission of Judges of Ukraine when establishing the compliance of candidates with the criteria of professional ethics and integrity; The Ethics Council, established to assist the bodies that elect (appoint) members of the High Council of Justice in establishing the compliance of candidates for the position of member of the High Council of Justice with the criteria of professional ethics and integrity; The Competition Commission, which is an auxiliary body of the High Council of Justice and is formed to conduct a competition for the position of a member of the High Qualification Commission of Judges of Ukraine, and to verify candidates for compliance with the criteria of integrity and professional competence; Advisory Group of Experts, established to assist the subjects of appointment of judges of the Constitutional Court of Ukraine in assessing the moral qualities and level of competence in the field of law of candidates for the position of judge of the Constitutional Court of Ukraine. Based on the analysis conducted, a conclusion is formulated that the list of subjects authorized to check the integrity of both candidates and members (in some cases) of judicial bodies, and the list of methods, rules and procedures for their implementation raise doubts about their relevance and effectiveness. Issues that need to be resolved when optimizing the rules and methods of checking integrity within the judicial bodies are presented. An optimization mechanism is proposed by: unifying the rules and procedures within the integrity check of candidates for judicial bodies, judges, members of judicial governance bodies; unifying the bodies created to assess candidates for judicial bodies for compliance with integrity criteria; detailing the legal status of the relevant bodies.