JUDICIAL REFORMS IN UKRAINE AS A CONTINUOUS POLITICAL AND LEGAL PROCESS

Abstract

The article examines the stages and content of judicial reforms that have been carried out in Ukraine since the restoration of independence in 1991. It is noted that the key task since Ukraine regained independence on the path to building a state based on the rule of law has been the formation of a judicial branch independent of political forces and executive power structures, the selection of professional judges capable of impartially, on the principles of adversarial and fair, resolving legal disputes and issues of a person’s guilt in committing offenses. It has been established that judicial reforms began in Ukraine in the early 1990s and continue to this day. These reforms are almost always intensified after each election of the highest representative institutions of power. It is emphasized that further implementation of judicial reforms to build an effective and fair justice system is extremely important both for the citizens of Ukraine and in view of the ongoing process of negotiations on Ukraine’s accession to the European Union, and the provision of support by European partners in resisting the armed aggression of the russian federation. It is studied that since the restoration of independence, judicial reforms in Ukraine have become an ongoing political and legal process. Six stages of judicial reforms in Ukraine are distinguished: 1) 1991–1996; 2) 1996–2005; 3) 2005–2010; 4) 2010–February 2014; 5) March 2014–July 2019; 6) from August 2019 to the present. The features of each stage of judicial reforms are revealed. It is summarized that during the launch of the next stage of judicial reforms in Ukraine, the goal was invariably declared to modernize the functioning of the judiciary in accordance with the needs of increasing the effectiveness of protection in the courts of violated human rights and freedoms, the rights and legitimate interests of legal entities, and increasing public trust in the court. At the same time, during the practical implementation of judicial reforms, the question of compliance with such fundamental principles of constitutional democracy as the independence of courts, the independence and immutability of judges, and the inadmissibility of any influence on them has always arisen.