PDF

MykolaOnishchuk,

Rector of the National School of Judges of Ukraine, Doctor of Laws, Honored Lawyer of Ukraine

CONSTITUTIONAL REFORM OF JUSTICE: FIRST CONCLUSIONS FOR THE SECOND ANNIVERSARY

In the article an author analyses the scale transformations in reformation of the Ukrainian justice, that take place during two years since inuring changes in Constitution of Ukraine. Accented on the input of basic normative, including judicial and institutional changes. It is marked that realization of reform of justice becomes complicated, by the row of objective factors that entailed to the break between expectations of society in relation to reform and actual possibilities of the system of justice.

Drawn conclusion, that realization of all certain strategies of reformation of the judicial system, rule-making and contiguous legal institutes inclusive with reform of advocacy and legislative education will assist the process of “fine-tuning” of the judicial system to the standards of just court, as that is required by the century of a 6 Convention about human rights. Among such tasks: perfection of management judicial, skilled and financial resources; expansion of application of information technologies in courts, “electronic rule-making”; strengthening of physical and psychological safety of judges; perfection of prosecution is of the legal informing of public; improvement of quality of trials and decisions, increasing efficiency; improvement of judicial infrastructure; realization of judicial administrative reform; decision of problem of human factor and forming of respectable practices of activity of all institutes of judicial governance and own realization of rule-making related to him.

Constituents of this process are preparation of judges of new generation; invitation is to judge activity of scientists and advocates; removal of factors contributing to corruption, input of regular evaluation of judges, introduction of new ethical standards.

Key words: reformation of justice, preparation of judges of new generation, evaluation of judges, introduction of new ethic standards, electronic court.

References

Reform Awareness of Ukraine's Population - Results from a study conducted by GfK Ukraine in conjunction with Q&Q Research. URL: https://www.gfk.com/eng-ua/rishennja/press-release/riven-information-in-habitat-Ukraine-shchodo-reform-results-doslidzhennja/. [ukr.]

The Constitution of Ukraine of 28 June 1996 ed. from 09/30/2016. URL: http://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80. [ukr.]

On the Judiciary and Status of Judges: Law of Ukraine in Ed. from 08/05/2018. URL: http://zakon.rada.gov.ua/laws/show/1402-19. [ukr.]

Code of Civil Procedure of Ukraine in Ed. from 08/28/2018. URL: http://zakon.rada.gov.ua/laws/show/1618-15. [ukr.]

Strategy for Reform of Judiciary, Judiciary and Related Legal Institutions for 2015-2020: Approved by the Decree of the President of Ukraine of May 20, 2015 No. 276/2015. URL: http://zakon.rada.gov.ua/laws/show/276/2015. [ukr.]

Convention for the Protection of Human Rights and Fundamental Freedoms of 1950: ratified by Law No. 475/97-BP of 17.07.1997. URL: http://zakon.rada.gov.ua/laws/show/995_004. [ukr.]