Who benefits from corruption in courts

The article covers the issues of preventing and combating corruption in the judiciary. It is noted that corruption in the judiciaryharms the state the most, because law and order in the state and society depend on the proper functioning in this area. The existence ofa democratic, rule-of-law and social state is impossible without a fair and objective court. Bribery should be considered the essentialbasis of corruption. By its social nature, corruption is a biological and social phenomenon.The author’s vision of combating corruption in courts is based on the theory of interest, as corruption in its formation and realizationuses the same mechanism as interest. Questioning who benefits from corruption in courts, the author believes that it is supportedby those who seek to satisfy their needs and interests through the acts of corruption of judges.The most effective means of combating corruption in courts should be the detection of a corruption judgement through the systemof control and the inevitability of punishment for acts of corruption.It is argued that eradicating corruption in courts will contribute to the introduction of precedent character of the Supreme Courtdecisions and the introduction of a revision form of appeal against judgements. Guided by a precedent decision, a judge will not be ableto legitimize arbitrariness. It is proposed to create special structures endowed with the rights of the Plenum of the Supreme Court todevelop precedent decisions on certain categories of cases in various branches of law.Emphasis is placed on the weak development in effective legislation of Ukraine of the mechanism of legal liability of judges, theimperfection of the means of detecting illegal judgements made by specific judges; the lack of tools for prompt response to judges’offenses.It is noted that the institution of judicial unlimited term of office has largely contributed to the formation of corruption in courts.Only a system of justice making a judge dependent on mandatory requirements for a particular offense can help eradicate corruption incourts. The precedent character of decisions of the Supreme Court must be an integral element of such a system. Such a system hasbeen tested for decades in other countries. It can become an effective anti-corruption program for combating corruption in Ukrainianjudiciary.