PARTICIPATION OF STATE AUTHORITIES AND JUDICIAL SELF-GOVERNMENT IN THE LEGISLATIVE PROCEEDING: INTERNATIONAL EXPERIENCE

Abstract

It has been established that the implementation of constitutional reform in Ukraine leads to the formation of scientific proposals to increase the number of subjects of legislative initiative. In particular, it has been offered to include judicial authorities to such subjects. Analysis of European practice demonstrates that this classification is uncommon in order to avoid politicization of the judicial authorities’ activities and to ensure their independence. It has been clarified that the Law of Ukraine “On the High Council of Justice” enshrined the provision of mandatory advisory opinions on draft laws regarding the issues of the establishment, reorganization or liquidation of courts, the judiciary and the status of judges, summarizing the proposals of courts, agencies and institutions of justice related to the legislation on their status and functioning, judicial system and the status of judges. Agencies similar to the High Council of Justice under the legislation of most countries, mainly perform the functions for ensuring the independence of justice, management of the judiciary. It has been determined that the High Council of Justice is now actively involved in the legislative proceeding by providing advisory opinions on draft laws that are binding for parliamentary revision. However, they are usually not supported in the Parliament. Taking into account international experience in regard to the participation of similar agencies in the legislative proceeding with the High Council of Justice, it has been emphasized that the High Council of Justice activity related to the legislative proceeding can be ensured by involving it as an initiator of a draft law initiative (i.e. submitting suggestions to the subject of legislative initiative on the establishment, reorganization or liquidation of courts, judiciary and the status of judges), active participation in the expert examination of draft laws on the mentioned i ssues. To accomplish this the author has offered to ensure the consolidation of relevant provisions in the current legislation (for example, to specify the provisions of the Procedure Rules of the Verkhovna Rada of Ukraine).