PROBLEM ISSUES OF REFORMING OF THE UKRAINIAN JUSTICE SYSTEM

Abstract

The article raises the issue of the effectiveness of judicial reforms in Ukraine, which have been happening almost constantly in our country since 1991 – since Ukraine’s independence. The Concept of judicial and legal reform of 1992, the Constitution of Ukraine of 1996, the Concept of improving the judiciary to establish a fair court in Ukraine in accordance with European standards of 2006, the Law of Ukraine on the judiciary and the status of judges of 2010, the Law of Ukraine on the judiciary and status of judge of 2016, Strategy for reforming the judicial system, judiciary and related legal institutions for 2015–2020 are mentioned. The main purpose of these documents was, first of all, to create a transparent and efficient judicial system in Ukraine and ensure the right of everyone to a competent, independent and impartial court. The article draws attention to the fact that most experts believe that reforms of Ukrainian justice take place pointlessly and unsystematically, as there is no clear action plan, there is sometimes a formal copying of foreign experience without taking into account the national judicial system, and the steps already taken are ineffective and contradictory. An analysis of the new Strategy for the development of the justice and constitutional judiciary system for 2021–2023 submitted by President Volodymyr Zelensky was conducted. The issue of the possibility of implementing certain directions and measures of this Strategy in the current realities is revealed. A number of comments to the Strategy are made, which are pointed out by experts. The first thing that attracts attention – the text of the Strategy is oversaturated with general non–detailed formulations and does not contain a specific mechanism for implementing the goals and objectives of the proposed measures. The reality of the implementation of the Action Plan for the implementation of the Strategy, which should be developed and implemented in the near future, is questioned, as in fact there are less than three years left for the implementation of the Strategy. Question of the effectiveness of such measures envisaged by the Strategy as further optimization of the system of local courts by consolidation of courts, improvement of the methodology for determining court fee rates are raised. Simultaneously, it is noted that the Strategy offers several really necessary and positive changes in the judicial system of Ukraine, including provisions on the introduction of the institute of justice of the peace, improving the procedure for the formation and operation of arbitration courts, introduction and development of institute of mediation, etc.