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The article examines the legal nature of the Civil Council of International Experts (PCIE) in the context of the legal status of the High Qualification Commission of Judges of Ukraine (HQCJU) and the peculiarities of their interaction during the selection of judges to the High Anti-Corruption Court. The use of the historical method made it possible to state that with the changes in judicial legislation in 2016, bodies of judicial governance were determined at the legislative level, which are independent in their activities and are responsible for the formation of a professional and virtuous judicial corps. The concept of autonomy (independence) of judicial governance bodies, in particular in matters of formation of the judicial corps, creates prerequisites for the analysis of the legal nature of advisory and auxiliary bodies, their direct or indirect influence on the adoption of relevant decisions. The Law of Ukraine “On the High Anti-corruption Court” introduced an auxiliary body for the purposes of selection to the said court - PCIE, the legal nature and status of which require research and the formation of approaches to solving certain scientific and practical tasks. The conducted research established that the PCIE does not fully meet the characteristics of an “advisory, auxiliary body”, taking into account its influence on the decisions of the HQCJU. At the same time, PCIE is not endowed with legal personality in legal relations that arise in connection with the adoption of relevant decisions of the HQCJU and does not bear legal responsibility for the adopted decisions. The analysis of the legal nature of the PCIE made it possible to formulate the conclusion that, in the presence of the mandatory characteristic of “honesty” both in the members of the HQCJU and in the members of the PCIE, the advisory (auxiliary) function of the latter is realized exclusively through the prism of the professional experience of its members, the qualification requirement for which have experience of working in other countries for at least five years in the implementation of procedural management, support of state prosecution in court or implementation of judicial proceedings in cases related to corruption. According to the direction of the performed function, PCIE acts as an additional subject of legitimization of the judiciary.
Берлач et al. (Mon,) studied this question.