JUDICIAL REFORM IN UKRAINE: CURRENT STATE, PROBLEMS AND POSSIBLE SOLUTIONS
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Abstract
This scientific article is dedicated to the study of the current state of judicial
reform in Ukraine, its key challenges, and potential solutions. Judicial reform is
characterized as one of the crucial elements of the transformation of Ukraine’s
legal system, aimed at strengthening the rule of law and ensuring fair justice.
Despite numerous attempts to reform the judicial system since gaining
independence, it still faces significant challenges such as legal deficiencies,
corruption, staff shortages, and overburdened courts. The article focuses on
significant reform processes, including the restoration of the efficiency of the High
Council of Justice and the High Qualification Commission of Judges, the necessity
of filling vacant positions with new, professional, and honest judges, the
introduction of the institution of magistrate judges, and the expansion of the
judicial system’s digitalization.
Special attention is given to the issue of judicial independence and the
strengthening of the authority of judicial institutions. The risks that may affect the
independence of the judiciary are discussed, including pressure on courts (judges)
and indirect control over the processes within the justice system, behaviors that
may be perceived as interference in the judicial process, intervention in judicial
powers, and interference in the judicial appointment process, among others.
The article also analyzes contemporary research on issues related to
judicial processes during martial law and provides recommendations for
improving access to justice and reducing court workload through the
development of alternative dispute resolution mechanisms.
Scientifically grounded recommendations for the further modernization of
Ukraine’s judicial system are proposed, with particular attention to its integration
into the European Union. The article emphasizes that the successful
implementation of judicial reform is a vital prerequisite for international support,
investment, and the post-war reconstruction of Ukraine.
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