The Supreme Council of Justice and the institutional mechanism for ensuring human rights

Abstract

The article emphasizes that granting Ukraine the status of a candidate for the European Union imposes on the state, among other things, obligations related to judicial reform. Attention is drawn to the conclusion of the European Commission on 7 requirements, the fulfillment of which should be evidence that Ukraine is ready to continue its path in the EU. Attention is focused on the Supreme Council of Justice, the question of its legal status is revealed. It is noted that the rights and freedoms of a person and a citizen are a complex phenomenon. It is a mistake to reduce their provision exclusively to legal influence in the field of human rights, or legal regulation or protection of human rights. The structural elements of the human rights enforcement mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the regulatory and legal basis of human rights, the system of guarantees of human rights, and the system of protection of human rights. Attention is drawn to the peculiarities of the institutional mechanism for ensuring human rights in Ukraine. Its structural elements are considered. It is noted that the Supreme Council of Justice is a collegial, independent constitutional body of state power and judicial governance. Attention is drawn to the powers of the High Council of Justice, which are enshrined in Art. 3 of the Law of Ukraine "On the High Council of Justice". It is argued that the Supreme Council of Justice is a structural element of the institutional mechanism for ensuring human rights in Ukraine. The place of the High Council of Justice in this mechanism is determined, as well as its influence on the effectiveness of the judiciary in Ukraine.

Keywords

• Supreme Council of Justice
• human rights
• state authorities
• judicial governance
• ensuring human rights
• mechanism