ADVISORY BODIES OF THE JUDICIARY SYSTEM OF UKRAINE: ROLE AND FUNCTIONS

Abstract

Background. In the context of judicial reform implementation and Ukraine's active European integration process, defining and studying the functions of advisory bodies within the judicial system of Ukraine is an extremely relevant topic today. Given the critically limited number of scientific studies on the role and functions of advisory bodies within the judicial system of Ukraine, this lack of research could lead to the institution's degradation or, even worse, its development in a destructive manner, which would harm not only the judicial system but also state's entire constitutional system. Clearly defining the functions of advisory bodies of the judiciary will allow for the systematic formulation of this institution's tasks, both in general and for the specific bodies they were established to assist.

Methods. The study applies the empirical method of comparison – focusing on identifying similarities and differences between the functions of the judicial system and the judiciary, as well as the relationship between the functions of various advisory bodies of the judicial system of Ukraine; methods of scientific research, analysis, and synthesis, with the help of which it was possible to divide functions into categories, as well as advisory bodies as a phenomenon into parts, and to identify relationships, similarities and differences between them that affect their functionality; with the help of induction and deduction methods, as well as the grouping method, it was possible to reach conclusions, first summarizing the existing knowledge and making assumptions about the nature of the functions of advisory bodies, and later to prove the conclusions obtained and show them visually.

Results. It has been established that the functions of advisory bodies within the judicial system of Ukraine stem from their legally defined powers, legal nature, status, and purpose of formation. Therefore, to distinguish their functions, the powers of some of them were partially described, which gave a reason to conclude the presence of both common functions of several bodies and certain unique functions. Additionally, the functions of advisory bodies of the judicial system of Ukraine are divided into two categories; each function is described with a specific example of implementation.

Conclusions. It was determined that the functions of advisory bodies of the judicial system of Ukraine are divided into two groups: main and auxiliary. The main ones follow directly from the purpose of their creation: 1) analytical, 2) preventive, 3) control, and 4) diagnostic. The auxiliary – functions, the availability of which is foreseen by the process itself and the organization of activities of advisory bodies: 5) the function of protecting information defined by law, 6) instructional and methodical, and 7) informational.