JUDICIAL REFORM IN THE CONTEXT OF EUROPEAN INTEGRATION PROCESSES

Abstract

The article highlights the main aspects of judicial reform in the context of European integration processes. The author finds that judicial reform in the context of European integration is a process of dynamic and continuous development of the Ukrainian judicial and legal system in accordance with political, social, financial and economic changes based on the criteria of peace, security and resource balance developed within the single European space. Based on the research conducted, it was found that in 2016, a comprehensive judicial reform was carried out, which covered the issues of the general organization of the judiciary, the autonomy of the judiciary, the structure of the judicial system, its functioning and financing, as well as the relationship of the judiciary and courts directly with other branches of government, the rules for the appointment of judges, the peculiarities of their professional activities, behaviour, liability for misconduct and dismissal. The author shows that a further impetus for the reform of the judiciary in Ukraine was the granting of EU candidate status to Ukraine. It is determined that on the way to Ukraine’s membership in the EU, it is necessary to adopt and implement legislation on the selection process of judges of the Constitutional Court of Ukraine, including the preliminary selection process based on the assessment of the integrity and professional abilities of judges in accordance with the recommendations of the Venice Commission, and to complete the verification of the integrity of candidates for members of the High Council of Justice and the selection of candidates for the High Qualification Commission of Judges of Ukraine by the Ethics Council. It is established that an important step in the judicial reform process in Ukraine in the context of European integration processes was the granting of the High Council of Justice the status of an observer to the General Assembly of the European Network of Councils of Justice. Furthermore, it is determined that the success of judicial reform will depend on the quality of development, speed of adoption and comprehensive implementation of new regulatory structures in the legal system of Ukraine.