TRANSFORMATION OF THE JUDICIAL SYSTEM OF UKRAINE IN THE CONTEXT OF INTERNATIONAL EXPERIENCE
Journal Title: Правова держава - Year 2017, Vol 25, Issue
Abstract
The legislation on the judicial system is one of the most unsustainable in Ukraine in terms of the number of passed laws and alterations introduced to them. The instability of the legislation on the judicial system negatively influences the functioning of the entire system of the judicial power of Ukraine. Therefore, it is necessary to analyze the transformation of the Ukrainian judicial system during the independence period based on the legislation on the judicial system regarding the relevant experience of foreign European states with the Romano- Germanic model of the legal system which is also implemented in Ukraine. The ultimate purpose of the article is to disclose the subject matter of the Ukrainian judicial system transformation during the independence period regarding the relevant experience of foreign European states. In terms of the analysis, some examples of the constitutional establishment of the judicial system of the Federal Republic of Germany, Republic of Poland, Italian Republic, Kingdom of Spain, and Russian Federation have been outlined. The judicial system of Ukraine before the adoption of the new constitution in 1996 has been analyzed in terms of the Constitution of the Ukrainian Soviet Socialist Republic of 1978 as subsequently amended, laws of Ukraine “On the judicial system of Ukraine” during the first years of the Ukraine’s independence. The subject of the analysis was the Constitutional Agreement between the Verkhovna Rada of Ukraine and President of Ukraine “On primary principles of arrangement and functioning of the state power and local self-government in Ukraine for the period before the adoption of the new Constitution of Ukraine” dated June 8, 1995 implemented on the constitutional level by the institute of the Constitutional Court of Ukraine as the constituent part of the Ukrainian judicial system in line with general and arbitration courts; it has prohibited any interference in the implementation of justice and creation of extraordinary laws which are peculiar to the constitutions of foreign European states. When Ukraine became an independent state, the basic point of the Ukrainian judicial system transformation was to implement democratic principles of the judicature, creation of specialized courts, and institute of the Constitutional Court of Ukraine.
Authors and Affiliations
V. V. Kolyukh
Keywords
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