The Concept of Public Control in the Formation of the Judicial Corps in Ukraine

Abstract

It is generalized that control is a process that arises in a specific type of relationship between two parties, in which one is vested with the right to examine the other for compliance with certain rules, standards, or requirements. It is proposed that, in a narrow sense, control should be understood as the verification of certain characteristics, the state of activity, the correctness of specific actions, and so forth.

It is argued that public control is characterized by the following general features: 1) it is a specific type of control carried out exclusively by institutions of civil society; 2) it is primarily aimed at verifying the legality and legitimacy of the activities of state authorities, as well as their strict observance of human and civil rights and freedoms; 3) it is limited by the legislation of Ukraine, which determines the forms and methods of its implementation; 4) its outcome is by no means always clearly defined or formalized and may be expressed through the performance of certain actions, influence on the functioning of public authorities, or facilitation of their adoption of certain necessary decisions, and so forth.

Public control over the formation of the judiciary in Ukraine is defined as a set of forms and methods of influence, provided by legislation, through which institutions of civil society affect processes related to the selection, training, and appointment of persons to judicial office who, under the legislation of Ukraine, are entitled to hold such office, as well as the verification and safeguarding of the legality and legitimacy of such processes.