BALANCE BETWEEN JUDICIAL INDEPENDENCE AND LEGAL RESPONSIBILITY: ANALYSIS OF THE POWERS OF THE HIGH COUNCIL OF JUSTICE IN UKRAINE

Abstract

The article examines the powers and procedural status of the High Council of Justice in the context of granting consent to detention of judges, their detention, arrest and removal from the administration of justice during pre-trial investigation. The author separately examines the historical and legal aspect of regulating the legislative process of bringing a judge to criminal liability and the correlation between the determination of the bodies authorized to give consent to investigative (detective) actions. The author defines the powers of pre-trial investigation authorities and the prosecutor's office in the course of practical implementation of procedural actions in criminal proceedings against a judge. The author assesses the criminal procedural guarantees of the role of the High Council of Justice as an entity with a special status during pre-trial investigation. The author analyzes the mechanisms that ensure a balance between the protection of judicial independence and the need for accountability of the judicial system. Attention is drawn to the risks of abuse of judicial status, as well as to the lack of clear procedures for appealing decisions of the High Council of Justice, which may affect the credibility of the judicial system. The author examines the procedural procedure for consideration by the High Council of Justice of a submission by the Prosecutor General or his deputy on granting consent to law enforcement agencies to take measures to ensure criminal proceedings against a judge. The author highlights the issue of the possibility of appealing against a decision made by the High Council of Justice on detention and imposition of preventive measures in criminal proceedings against a judge. The author analyzes the cause-and-effect relationships in terms of the High Council of Justice's right to grant consent to investigative (search) actions against a judge and the risk of abuse of this right which may lead to serious consequences. The author raises the issue of expediency and legitimacy of the High Council of Justice's interference with the activities of law enforcement agencies during pre-trial investigation of a judge. The author offers recommendations for improving the legal mechanisms for ensuring fair justice and protecting the rights of judges.