CONSTITUTIONAL CHANGES OF 2016 AS A JUSTICE PARADIGM TRANSFORMATION

Abstract

The relevance of the study of constitutional changes in 2016 is determined by the radical transformations in the judicial system of Ukraine, aimed at its modernization, ensuring the independence of the judiciary and increasing the effectiveness of human rights and freedoms protection. The introduced changes were part of Ukraine’s European course and corresponded to its international obligations to reform the judicial system in accordance with European standards of the rule of law. The main focus of the study is on the analysis of the reforms impact on ensuring the fair trial principle, and new institutions of judicial self-government functioning. Issues of judges’ integrity, transparency of judicial processes and fight against corruption are considered separately. It is emphasized that in the new paradigm of justice, the emphasis is shifted to the formation of an effective mechanism of judicial self-government including formation of the Supreme Council of Justice. Practical aspects of constitutional changes are examined through the prism of the bar and prosecutor’s office functioning, which have acquired new roles in ensuring justice. Special attention is paid to raising the professional standards of the bar and limiting the functions of the prosecutor’s office, which made it possible to reduce its influence on the judicial system. Constitutional changes contributed to the judiciary independence strengthening, increasing its transparency and compliance with international standards, but the implementation process faces challenges, including the long implementation of reforms and the urgency for personnel decisions in the judicial system. It is summarized that the constitutional changes of 2016 should be considered as a key stage in the process of reforming the judicial system of Ukraine. They became an important step in reforming the judicial system of Ukraine, changing the paradigm of justice in the direction of ensuring the judges’ independence, transparency and professionalism of the bar and prosecutor’s office. These changes were a response to Ukraine’s international obligations and the internal requirements of society regarding effective and fair justice. Despite the challenges in the implementation process, reforming the judicial system has become a key stage in strengthening the rule of law and protecting the citizens’ rights and freedoms in accordance with European standards of the rule of law.