Judiciary of Ukraine

The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this, there was no notion of judicial review nor any Supreme court since 1991's Ukrainian independence when it started being slowly restructured.

Although judicial independence exists in principle, there is little separation of juridical and political powers in practice. Judges are subjected to pressure from political and business interests. Ukraine's court system is widely regarded as corrupt.

Although there are still problems with the performance of the system, it is considered to have been much improved since the last judicial reform introduced in 2016.

Courts

Ukrainian courts enjoy legal, financial and constitutional freedom guaranteed by measures adopted in Ukrainian law in 2010.

The judicial system of Ukraine consists of three levels of courts of general jurisdiction. The Cassation Court of Ukraine existed until 2003. Those courts were recognized as unconstitutional by the Constitutional Court of Ukraine.

Local courts

Ukraine has 74 district courts.

Courts of appeal

Courts of Appeal (combining criminal and civil jurisdiction), consisting of:
regional courts of appeal;
courts of appeal of the cities of Kyiv.

Prior to the judicial reform introduced in 2016, there were parallel Specialized Courts of Appeal (either commercial or administrative jurisdiction) consisting of the commercial courts of appeal and the administrative courts of appeal. Cases concerning corruption in Ukraine will be bought directly to this court. The law on the High Anti-Corruption Court of Ukraine came into force on 14 June 2018.

Abolished high courts with specialized jurisdiction

In the judicial reform introduced in 2016 the following three courts were abolished and its tasks transferred to special chambers of the Supreme Court of Ukraine.

Officers

Judges

In 2012 Ukraine had about 8,000 judges.

Since the juridical reform of 2016 judges are appointed by the President of Ukraine upon their nomination by the Supreme Council of Justice. (This immunity could be lifted by parliament.) Currently a judge is protected from liability resulting from their judicial actions only.

Prosecution

Lay assessors

Ukraine has a jury system; although almost all cases are heard by either a single judge or two judges accompanied by assessors.

Jurors are prohibited from communicating with anyone other than the court about the merits of the case without the permission of the presiding judge.

The Council of Judges is responsible for the enforcement of the decisions of the Congress and their implementation in the period between congresses, and decides on the convocation of the Congress.

The State Judicial Administration provides organizational support of the judiciary and represents the judiciary to the Cabinet of Ministers and the Verkhovna Rada.

The High Judicial Qualifications Commission of Ukraine conducts the selection of judicial candidates, submits to the High Council of Justice recommendations on the appointment of a candidate for the subsequent introduction of the submission of the President of Ukraine, makes recommendations on the election of a permanent post, and conducts disciplinary proceedings including dismissal.

The High Council of Justice "is a collective independent body that is responsible for formation of the high-profile judge corpus capable of qualified, honest and impartial exercise of justice on a professional basis; and for making decisions regarding violations by judges and procurators of the requirements concerning their incompatibility and within the scope of their competence of their disciplinary responsibility". Three members of the council are automatically assigned for holding the following positions: Chairman of the Supreme Court, Minister of Justice, and Prosecutor General. The other 17 members are elected for a period of six years. The council consists of 20 members. It was created on January 15, 1998.

Law

The 2010 Judicial System and Status of Judges Act is the legal basis for the organization of the judiciary and the administration of justice in Ukraine.

Procedure

Since January 1, 2010 it is allowed to hold court proceedings in Russian on mutual consent of parties. Citizens, who are unable to speak Ukrainian or Russian are allowed to use their native language or the services of a translator.

Analysis and criticism

Corruption

A Ukrainian Ministry of Justice survey of Ukrainians in 2009 revealed that only 10 percent of respondents trusted the national court system. Less than 30 percent believed that it was possible to receive a fair trial in Ukraine.

Ukrainian judges have been arrested while taking bribes. Independent lawyers and human rights activists have complained Ukrainian judges regularly come under pressure to hand down a certain verdict. Twenty-one percent of Ukrainians admitted they had paid bribes to judicial officials themselves. Suspects are often incarcerated for long periods before trial.

Ukraine has few relevant corporate and property laws; this hinders corporate governance. Ukrainian companies often use international law to settle conflicts.

On July 25, 2012, a mass protest march took place from early morning to about 16:00 across the city of Kyiv of about 3,500 participants mostly of whom were sports fans of FC Dynamo Kyiv. The event took place soon after a decision was adopted by the Holosiivskyi District Court of Kyiv City on the 2011-12 nationally renown Pavlichenko criminal case convicting a family of Pavlichenkos (father and son) to long-term sentence for killing a judge of the Shevchenkivskyi District Court of Kyiv City Serhiy Zubkov. On 24 February 2014 the Verkhovna Rada (Ukraine's parliament) decided to release all political prisoners, including father and son Pavlichenko.

History

Ukraine's judicial system was inherited from that of the Soviet Union and the former Ukrainian SSR. As such, it had many of the problems which marred Soviet justice, most notably a corrupt and politicised judiciary. Lawyers have stated trial results can be unfairly fixed, with judges commonly refusing to hear exculpatory evidence, while calling frequent recesses to confer privately with the prosecutor. Insiders say paying and receiving bribes is a common practice in most Ukrainian courts. Fee amounts depend on jurisdiction, the crime, real or trumped-up, and the financial wherewithal of the individual or company involved.

Concrete steps the Azarov Government proposed the abolition of pre-trial detention for non-violent crimes, promoting experienced judges with strong records and punishing bribe-taking and corruption in the judiciary.

On 8 April 2014 the Ukrainian Parliament adopted the law "On Restoring confidence in the judicial system of Ukraine". This bill established the legal and organizational framework for a special audit of judges of courts of general jurisdiction.

On 26 September 2015 Prime Minister Arseniy Yatsenyuk claimed Ukraine's court system would be reformed following the example of the National Police of Ukraine, meaning employing new personnel en masse.

In the last judicial reform introduced in 2016 the court system was completely overhauled, including the abolishing of certain courts. Advocacy operates in Ukraine to provide professional legal assistance. The independence of the lawyers is guaranteed. Only a lawyer represents another person in court, as well as defending against criminal charges.

The Kyiv Administrative District Court was disestablished in December 2022 due to its alleged corruption and powerful jurisdiction over national government agencies.

References

"Reform of Ukrainian justice system gives cause for optimism", Vlada i Polityka, Kyiv, 9 August 2002
"Ukrainian judge describes flaws in national judicial system", Ukrayina Moloda, Kyiv, 19 October 2001

External links

Official website