The reform of the court went the wrong way
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article analyzes joined in 2016 by changes to the Constitution of Ukraine on justice and a new edition of the law of Ukraine «On judicial system and status of judges». The author focuses on certain provisions that shape and deepen the shortcomings of the judicial system of Ukraine. Special attention is paid to consideration of issues related to the structure of the courts, the modern court relations, as well as the right of a judge to a judicial error. It is noted that in the present embodiment, reforming of the judicial system is an attempt to overcome corruption mechanisms inherent in a closed corporate system, specialized courts, which was founded in the former Law on the judicial system. One of the ways to eradicate corruption in the courts is the adoption of precedential decisions of the Supreme Court of Ukraine. Not enough to turn it into a court of cassation. It does not guarantee and does not eliminate the reproduction possibilities of corruption in the courts. Combining judges precedential decisions of the Supreme Court of Ukraine in all branches of material and procedural law, it is possible to achieve maximum reduction of the level of corruption in the courts. It is also necessary to establish constitutional order in the periodic reporting by the judges for its work – that will tame their pride, and will make you wonder about their behavior. Overall, there are only two major effective means of combating offenses in the sphere of the judicial function: 1) none of the offence judges must not stay invisible to the state and society; 2) fast and prompt application of measures inescapable responsibility for the offences.
Authors and Affiliations
Vasyl Sirenko
Keywords
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