Адміністративне правo і процес
ISSN: 2227-796X

Науково-практичний журнал‚ заснований Київським національним університетом імені Тараса Шевченка

 

Kovalenko Zh. A. Neoparadigm of prosecution bodies of Ukraine: condition and prospects of development

    The main strategic goal of Ukraine is to join the European community. This causes the formation of our country as an independent, social, legal and, in particular, democratic state. However, the implementation of democratic principles is particularly problematic because of irrational distribution of powers between state institutions, ineffective institutional and legal framework of their operation etc. Destructive processes that occur in the legal system as a result of formation of civil society necessitate improvement of legislation by reformation.

    The reform of the prosecution bodies of Ukraine is one of the major reforms. The reformation of the prosecution bodies of Ukraine in accordance with European standards, changes are caused by the entry into the European Union, the existence of the prosecution bodies of Ukraine in the form in which they were before are the main reasons that determine the need for this reformation.

Bulba H. S. Judicial reform in Ukraine: Current State and Prospects for improvement

    The problem of reforming the judiciary in Ukraine currently fi nds its relevance, because the most important prerequisites for the development of civil society should be high-quality, stable legislation and effective justice that can really ensure protection of rights and freedoms, the interests of society and the state. The aim of the research or the aim of the article is to develop scientifi cally based – proposals for further reform of the judicial system of Ukraine.

    Already 24 years of independence of our judicial system of Ukraine «experienced» some major reforms, a large number of developed concepts that are not destined to become acts of legislation. But fundamental changes made after judicial reform of 2010, which radically changed the three components of domestic justice – judiciary, status of judges and the judiciary. Instead, judicial reform 2014-2015 years started with the adoption of normative - legal acts, namely the Law of Ukraine «On restore confi dence in the judiciary in Ukraine» from 08.04.2014 № 1188-VII, «On cleaning power » from 16.09.2014 № 1682 -VII, «On ensuring the right to a fair trial» from 12.02.2015 № 192-VIII, which has to or should settle disputes concerning the reform of the judiciary in Ukraine and take into account international experience. However, after above-mentioned reform the judicial system of Ukraine still needs some changes: we should implement or synonym legal and organizational principles of access to justice and transparency; to create a legal and organizational basis of independent and effi cient judicial system; eliminate cases of selective justice and ensure the right to a fair trial for all persons to whom the investigation is underway, including the right to review the verdict higher authority; to adopt anti-corruption package, which includes the declaration of income and expenses, as well as access to public information for each declaration; ban the interference of the executive and legislative authorities on the activities of the judiciary in Ukraine.

Ви тут: Home Архів номерів #3(13)/2015 Показати матеріали по тегу: European standards