TRANSFORMATION OF THE JUDICIAL SYSTEM OF UKRAINE ON THE BASIS OF THE CONSTITUTION OF UKRAINE AS OF 1996 WITH SUBSEQUENT AMENDMENTS

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TRANSFORMATION OF THE JUDICIAL SYSTEM OF UKRAINE ON THE BASIS OF THE CONSTITUTION OF UKRAINE AS OF 1996 WITH SUBSEQUENT AMENDMENTS

Journal Title: Правова держава - Year 2017, Vol 26, Issue

Abstract

The previous article has disclosed the analysis of the Ukrainian judicial system formation on the stage before the adoption of the new Constitution of Ukraine in terms of the foreign experience. The Constitution of Ukraine of 1996 brought significant changes to the judicial system of Ukraine. The model of the judicial system established by the Constitution of Ukraine is specific to European states. Constitutional provisions related with the judicial system have been concretized in the laws of Ukraine on the judicial system. On June 2, 2016, the Verkhovna Rada of Ukraine passed the Law of Ukraine “On bringing changes to the Constitution of Ukraine (regarding justice)” No. 1401-VIII; later, Law of Ukraine “On judicial organization and status of judges” No. 1402-VIII was passed with due consideration of constitutional changes. The content of new norms in the above-mentioned laws regarding the Ukrainian judicial system reformation was consequently analyzed. The transformation of the judicial system of Ukraine during the years of independence was performed in the spheres of judges’ specialization and specification of their subject and extensional jurisdiction which was making the Ukrainian judicial system closer to the European model of judicial organization. On the one hand, specialization of judges promotes increase in the justice efficiency, justice implementation in general. On the other hand, it complicates the judicial system, generates difficulties in separation of jurisdictions of certain categories of judicial cases, results in the increase of the number of judges and increase of the administrative staff in the judicial system which in its turn causes significant increase in budget expenditures for the judicial system maintenance. In line with the creation of courts dealing with civil and criminal cases, administrative and economic courts in the country in the judicial system (system of judicature) typical for European states, the Supreme Court for intellectual property and Supreme Anticorruption Court were introduced rather for political than for objective reasons. Their subject-matter jurisdiction is the constituent part of other courts, i.e. economic courts and courts dealing with civil and criminal cases respectively. The further transformation of the judicial system of Ukraine should be performed in the sphere of its optimization instead of complication.

Authors and Affiliations

V. V. Kolyukh

Keywords

judicial authority judicial authority system judicial administration judicial system courts of general jurisdiction general courts specialized courts local courts courts of appeal constitution

EP ID EP347496
DOI -
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