PROBLEMATIC ISSUES OF THE JUDICIAL POWER REFORM IN UKRAINE
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
The purpose of the article is to identify the main directions of improving the administration of justice in Ukraine taking into account the requirements of international standards for the protection of human rights and interests, including a major one – a fair trial. To reform the judiciary in Ukraine, in the period of accession to the European community, means to bring it in line with democratic standards existing in the EU. The question of the reform of the judicial system in Ukraine is possible only under conditions of implementation of the most important principles. They are the rule-of-law, the establishment of objective truth, and the presumption of innocence. The issue of a fair trial was discussed throughout the period of the judicial system existence. Today, there are many complaints about the poor quality of the work of the courts and the injustice of their decisions that led to the actualization of the issue of judicial system reform. However, before reforming the judicial system, according to the author, it is necessary to identify ways of improving the administration of justice in Ukraine on the basis of its main objective. This objective is the guaranteed judicial protection of rights and legitimate interests of individuals, the rights and interests of legal entities, and the state's interests. Meanwhile, the rights, interests and freedoms of a human being take the lead. Legal protection is a special form of a human being protection against any threat to personal liberty, including on the part of the state. Hence, the judiciary should be independent and accessible to all who live in Ukraine and require legal protection. To achieve this objective the appropriate conditions should be created and each and every person should be provided with the right to appeal to the court. At the same time, the inability to pay judicial services should not be an obstacle to apply to the court. In order to achieve these objectives one must first of all: find approaches to the understanding of justice during the trial; clarify the scientists’ points of view on the possibility of applying this principle and ways to improve the administration of justice taking this principle into account. The author believes that the courts should be formed through elections and take decisions in the name of the people of Ukraine, thus, Article 124 of the Constitution of Ukraine should be amended. In addition, a wider involvement of the public in the judicial process will ensure fairness in judicial decisions.
Authors and Affiliations
О. С. , Коробка
Keywords
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