Published August 25, 2020 | Version v1
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Problem Issues of Participation of Non-Governmental Organizations in the Formation of the Judicial Corps of SACC

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The article analyzes the main legislative provisions on the participation of public organizations in the formation of the judiciary, including the Supreme Anti-Corruption Court, which have identified both the positive aspects of such participation and identified a number of problems. Today, there is a justified need to provide an effective mechanism for public influence on a person who may be authorized to make a binding decision on behalf of our state in the future. The Public Council of Integrity is formed in order to ensure an impartial and comprehensive examination of such qualities of a judge as professional ethics and integrity. The meeting of representatives of public associations appoint its members, the requirements for which are set at the legislative level. However, the members of public organizations are not always responsible for high standards of moral and ethical behavior and obedience to the law. The mechanism of participation of the Public Council of Integrity in the selection of the judiciary has undergone a significant transformation in the establishment of the Supreme Anti-Corruption Court of Ukraine. Its functions are performed by the Public Council of International Experts. In view of the purpose of GRME, the existing procedure for overcoming the decision of this body is the advantages of its operation. However, the body itself, which according to the Law can oppose its decision on the candidate to the High Qualification Commission of Judges of Ukraine, is formed by it, which leads to the leveling of its role in the selection of the judiciary of the SACC. It is determined that the problematic issues of participation of public councils in the formation of the judiciary are unclear requirements for representatives of public organizations, which are not taken into account the actual contribution of public organizations to the fight against corruption and are not required a comprehensive examination of the public. In connection with the above, the mechanism of participation of public organizations in the selection process of the judges requires improvement, in the direction of development and implementation of a reasonable mechanism of inviolability of the decision of the Public Council of Integrity and the Public Council of International Experts; formation of public councils by meetings of representativ es of relevant public associations, which take place openly, and the participation of the state in which is purely organizational; increasing the requirements for public organizations, whose representatives participate in the work of Public Councils on the basis of the legally defined procedure for obtaining and analyzing relevant information from various sources.

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