THE CONSTITUTIONAL REFORM IN JUSTICE SECTOR: CURRENT STATE AND PROSPECTS
Journal Title: Науковий вісник Ужгородського національного університету. Серія: Право - Year 2016, Vol 37, Issue 1
Abstract
The article investigates current state of and prospects for implementation of constitutional reforms in justice system in Ukraine. It was determined that competence of abolition of immunity of judges should not belong to a political body such as Verkhovna Rada of Ukraine, and really independent judicial authority, because Ukrainian multi-party parliamentary environment creates many challenges for judicial system. Attempts to use analysis of Ukrainian political realities of Western scholars approaches are unproductive. Each multi-party system (like party system) can be represented in its own way unique, and especially in post-communist countries in general, and specifically in Ukraine. It is noted that participation of Parliament should be mostly ceremonial, and final decision in selection of judges should be entrusted to an independent body, a significant portion or majority of which will be judges elected by their peers (Higher Qualification Commission of Judges of Ukraine or High Council of Justice in another composition). In this case, law may provide for parliament to appoint the candidate by a qualified majority in case of compliance with requirements stipulated by law, which excludes any possibility of political interference.
Authors and Affiliations
С. В. Кулик
Keywords
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