Open AccessThe principle of independence of the judiciary as the basis of a democratic society
Author(s) -
Vyacheslav Harkusha
Publication year - 2021
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2021-1-72-76
Subject(s) - legislature , separation of powers , government (linguistics) , judicial independence , democracy , law , state (computer science) , balance (ability) , economic justice , political science , independence (probability theory) , law and economics , politics , economics , psychology , philosophy , linguistics , statistics , mathematics , algorithm , neuroscience , computer science
The article is devoted to the state of relations between the judiciary and the legislative and executive branches of government, maintaining a balance between branches of government, seeking to improve and optimize the organization of the judiciary in order to ensure access to justice by an independent and impartial court. The initiated judicial reform in 2016, as well as the attempt to restart it in 2019 and the current state of the judicial system are analyzed. The range of problematic issues in the field of justice and the reasons for their occurrence, the main of which are the imperfect balance between the branches of government, inefficient activities, and in some cases the inaction of the legislative branch. Sociological research was analyzed and the level of public confidence in the judiciary was established. It is concluded that in order to ensure the independence of the judiciary, as well as maintaining an effective balance between all branches of government, it is necessary to create conditions under which all three branches of government will be responsible for their actions before each other and control of one branch of government people in accordance with the principle of the rule of law. The necessity to develop a national strategy for the development of the judiciary, which should be adopted at the legislative level for at least 10 years and ensure the impossibility of changing the "rules of the game" in the field of justice during this period. The concrete and urgent steps that the judicial system needs today are identified, namely, the adoption at the legislative level of the procedure for forming the High Qualifications Commission of Judges of Ukraine, holding a fast and effective competition and, accordingly, launching this body. Until the formation of the High Qualifications Commission of Judges of Ukraine, its powers must be transferred to the High Council of Justice, which must take urgent measures to address staffing issues, including completing the selection for the position of judge, announced in 2017. To solve these problems, the Verkhovna Rada of Ukraine must adopt registered bills № 3711 and 4055.