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OksanaKHOTYNSKA-NOR, 

scientific consultant of the Supreme Specialized Court of Ukraine

for civil and criminal cases,

Candidate of Law Sciences, Associate Professor

JUDICIAL REFORM AND STABILITY OF JUDICIAL SYSTEM

This article deals with the investigation of the content of category «stability of the judicial power» while reforming. The author made an attempt to clarify scientifically, whether these concepts exclude one another, taking into account the fact that in view of philosophy stability is imagined as immutability, permanence.

The author makes assumptions that a stable judicial system is a system that is evolving and maintaining, however, its integrity, stability and foresees an efficient mechanism of changes. Such a system lets preserve the principles of its functioning in society. Thus, the stability of the judicial system is characterized by the following triad: integrity, stability and development.

The integrity of the judicial system as a component of stability means maintaining its system properties under any conditions, since they turn interdependent and interrelated set of elements into a system.

Persistence of judicial system foresees a balance of parameters of institutional, organizational (structural) and functional nature. In other words, the organizational structure of the judicial system must satisfy the needs of its institutions, thereby ensuring the efficiency of the judicial system.

Persistence of judicial system brings its adaptive capacity to the foreground. Judicial reform is a mechanism of adaptation of the judicial system to changing environmental conditions. In this way the judicial system ensures its persistence. Therefore, while planning the judicial reform, formation of objectives and selection of rate of its implementation an adaptive potential of the judicial system should be considered in order not to exceed its threshold.

An essential condition for the stability of the judicial system is its development, because stability is not achieved due to constancy or real estate, but through skilful realization of the necessary changes. We can say that the changes that give rise to the development of the judicial system are the necessary precondition and an element of its stability. Therefore, the reform of the judicial system as a mechanism of changes implementation ensures its development. In this sense, reform is the key to the stability of the judiciary.

Thus, reform of the judicial system is a necessary condition for its stability.

Key words: judicial system, judicial reform, stability of judicial system, integrity of judicial system, persistence of judicial system, development of judicial system.

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