FUNCTIONAL AUTONOMY OF THE HIGH COUNCIL OF JUSTICE: FROM NORMATIVE MODEL TO INSTITUTIONAL EFFECTIVENESS

Abstract

The article examines the phenomenon of the functional autonomy of the High Council of Justice (HCJ) as a key prerequisite for the independence of the judiciary in Ukraine. The author conducts a comprehensive analysis of the evolution from the normative model enshrined in the Constitution and legislation to the actual level of institutional effectiveness of this body. The paper clearly distinguishes between the concepts of "functional autonomy," "institutional independence," and "judicial self-governance," defining their interrelations within the system of judicial independence guarantees. Particular attention is paid to the normative foundations of the HCJ's autonomy, its powers, composition, and role in forming an honest and professional judiciary. Based on a comparative analysis of European standards (recommendations of the Council of Europe, the European Charter on the Statute for Judges, and the opinions of the Venice Commission), the study substantiates the compliance of the Ukrainian model with modern democratic criteria of judicial governance. The article demonstrates that despite a solid legal framework, the HCJ's autonomy between 2016 and 2021 remained largely formal due to political influence, corruption practices, and low public trust in the judiciary. A turning point was the establishment of the Ethics Council in 2021, which initiated the cleansing of the HCJ's composition with the participation of international experts. As a result of the reform and the renewal of the Council in 2023, its functionality was restored, and disciplinary practices and judicial selection processes were reactivated. The study outlines both the achievements and the remaining challenges of this stage, emphasizing the need to strengthen internal anti-corruption mechanisms and improve communication with the public. The author stresses that ensuring real functional autonomy of the HCJ is a vital condition for Ukraine's European integration, as the reform of judicial governance bodies is among the "seven requirements" set by the European Commission. It is concluded that Ukraine is making significant progress in creating an autonomous, ethical, and effective institution capable of guaranteeing judicial independence and upholding the rule of law even under wartime conditions. At the same time, the need for further strengthening the HCJ's institutional capacity, ensuring adequate financing of the judiciary, and maintaining the involvement of independent experts in selection processes is highlighted. The author asserts that only through stable functional autonomy can the High Council of Justice become a true guarantor of fair, transparent, and democratic justice in Ukraine.