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The Reform Of The Judicial System In Ukraine In 2014–2019: Major Achievements

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  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

Abstract

The article provides an analysis of the current state of the procedural legislation of Ukraine in the context of the judicial system reform carried out in 2014-2019. The drastic changes in this direction, which began with the tragic events in the life of Ukraine in 2014, radically reversed the three components of national justice – judicial system, status of judges and legal procedure. The key issue of the judicial reform in Ukraine is the implementation of the principles of the organization and administration of justice, the main of which is the supremacy of the law. The essential principle in terms of the strategic vision of the key results of the judicial reform in Ukraine was the improvement of such principles as political and economic independence of justice. In accordance with constitutional amendments, a reauthorization took place between the High Qualification Commission of Judges of Ukraine and the new constitutional body – the High Council of Justice. The power to review disciplinary cases against all judges, taking decisions on temporary suspension of judges from the justice fall within the competence of the latter. The Higher Qualification Commission of Judges of Ukraine is solely responsible for selection of judges, qualification assessments, holding competitions to fill the vacancy for judges. The second principle of the organization and implementation of the judicial power in Ukraine was the principle of accessibility of justice, which is traditionally viewed as a lack of excessive judicial expenses, lack of judicial corruption, complex judicial procedures and excessive length of the judicial process. The primary change reflected in all procedural codes is the introduction of effective protection of rights the rights of a person. Particular attention is paid to ensuring the activities of the Supreme Court and implementing mechanisms that ensure the unity of law enforcement practice within the framework of a unified cassation proceedings. An important step in the implementation of the justice reform was the reformation of legal institutions related to the judicial system (advocacy, court enforcement action, reform of legal education, etc.).

Suggested Citation

  • Anatoliy Kostruba, 2020. "The Reform Of The Judicial System In Ukraine In 2014–2019: Major Achievements," Post-Print hal-02888396, HAL.
  • Handle: RePEc:hal:journl:hal-02888396
    DOI: 10.32782/2524-0374/2020-3/25
    Note: View the original document on HAL open archive server: https://hal.science/hal-02888396
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    Keywords

    judicial reform; Supreme Court; judicial procedures; judicial authorities; constitutional reform; procedural codification; Litigations; Procedure law;
    All these keywords.

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