Ukraine – a candidate for joining the EU: current challenges of the court system
Purpose. The scientific article is devoted to the study of the current state of the judicial system in the conditions of martial law, as well as the analysis of the challenges of the judicial system in connection with Ukraine's acquisition of the status of a candidate for EU accession. Rese...
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| Format: | Article |
| Language: | English |
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State University “Uzhhorod National University”
2022-11-01
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| Series: | Конституційно-правові академічні студії |
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| Online Access: | http://journal-kpas.uzhnu.edu.ua/article/view/266952 |
| _version_ | 1797984209922424832 |
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| author | Veronika Berch |
| author_facet | Veronika Berch |
| author_sort | Veronika Berch |
| collection | DOAJ |
| description |
Purpose. The scientific article is devoted to the study of the current state of the judicial system in the conditions of martial law, as well as the analysis of the challenges of the judicial system in connection with Ukraine's acquisition of the status of a candidate for EU accession.
Research methods. The methodological basis of the scientific article is a complex of general scientific and special scientific methods of cognition, the application of which made it possible to reveal the essence of the proposed problem. The method of analysis and synthesis, modeling, axiomatic and systematic methods of scientific knowledge was used.
Results and conclusions. Today, in the conditions of the military invasion of Russia, the judicial system of Ukraine has the following features. Among them are the following: in settlements where court buildings have already been destroyed or hostilities are still ongoing, the implementation of judicial proceedings has become impossible (this problem was partially solved by changing territorial jurisdiction, creating "back-up copies" of documents in court cases, holding court sessions in a remote format ); the judicial system still receives funding, and 50% of the judges' salaries are given to the needs of the Armed Forces, however, there are no special funds with capital investments for construction/repair/restoration; there is a problem with the evacuation of judges from temporarily occupied territories; there are isolated cases of collaborators among the representatives of the judicial corps. Among other things, with regard to the judicial system as a whole: there is a problem of excessive workload of judges, which results in rather long proceedings; and the considerable length of tender procedures is also a problem.
Most recently, Ukraine received the status of a candidate for EU membership. However, it should be understood that in order to obtain full membership, maximum efforts should be made to meet European standards. The judicial system should also be properly modernized, first of all, in the aspect of strengthening the independence of judges, eliminating corruption, as well as strengthening the trust of Ukrainian society and the international community in the judicial system of Ukraine as a whole. Ukraine must become attractive for investors, and this is impossible if there are concerns about the existence of conditions for the proper implementation of the right of business to judicial protection, as well as consideration of the case by a competent court in a reasonable time.
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| first_indexed | 2024-04-11T06:59:00Z |
| format | Article |
| id | doaj.art-812fcf6785914aa2afdfe2a411e14c99 |
| institution | Directory Open Access Journal |
| issn | 2663-5399 2663-5402 |
| language | English |
| last_indexed | 2024-04-11T06:59:00Z |
| publishDate | 2022-11-01 |
| publisher | State University “Uzhhorod National University” |
| record_format | Article |
| series | Конституційно-правові академічні студії |
| spelling | doaj.art-812fcf6785914aa2afdfe2a411e14c992022-12-22T04:38:55ZengState University “Uzhhorod National University”Конституційно-правові академічні студії2663-53992663-54022022-11-01110.24144/2663-5399.2022.1.06Ukraine – a candidate for joining the EU: current challenges of the court systemVeronika Berch0Uzhhorod national University Purpose. The scientific article is devoted to the study of the current state of the judicial system in the conditions of martial law, as well as the analysis of the challenges of the judicial system in connection with Ukraine's acquisition of the status of a candidate for EU accession. Research methods. The methodological basis of the scientific article is a complex of general scientific and special scientific methods of cognition, the application of which made it possible to reveal the essence of the proposed problem. The method of analysis and synthesis, modeling, axiomatic and systematic methods of scientific knowledge was used. Results and conclusions. Today, in the conditions of the military invasion of Russia, the judicial system of Ukraine has the following features. Among them are the following: in settlements where court buildings have already been destroyed or hostilities are still ongoing, the implementation of judicial proceedings has become impossible (this problem was partially solved by changing territorial jurisdiction, creating "back-up copies" of documents in court cases, holding court sessions in a remote format ); the judicial system still receives funding, and 50% of the judges' salaries are given to the needs of the Armed Forces, however, there are no special funds with capital investments for construction/repair/restoration; there is a problem with the evacuation of judges from temporarily occupied territories; there are isolated cases of collaborators among the representatives of the judicial corps. Among other things, with regard to the judicial system as a whole: there is a problem of excessive workload of judges, which results in rather long proceedings; and the considerable length of tender procedures is also a problem. Most recently, Ukraine received the status of a candidate for EU membership. However, it should be understood that in order to obtain full membership, maximum efforts should be made to meet European standards. The judicial system should also be properly modernized, first of all, in the aspect of strengthening the independence of judges, eliminating corruption, as well as strengthening the trust of Ukrainian society and the international community in the judicial system of Ukraine as a whole. Ukraine must become attractive for investors, and this is impossible if there are concerns about the existence of conditions for the proper implementation of the right of business to judicial protection, as well as consideration of the case by a competent court in a reasonable time. http://journal-kpas.uzhnu.edu.ua/article/view/266952judicial systemmartial lawUkraineEUSupreme Council of JusticeEthics Council |
| spellingShingle | Veronika Berch Ukraine – a candidate for joining the EU: current challenges of the court system Конституційно-правові академічні студії judicial system martial law Ukraine EU Supreme Council of Justice Ethics Council |
| title | Ukraine – a candidate for joining the EU: current challenges of the court system |
| title_full | Ukraine – a candidate for joining the EU: current challenges of the court system |
| title_fullStr | Ukraine – a candidate for joining the EU: current challenges of the court system |
| title_full_unstemmed | Ukraine – a candidate for joining the EU: current challenges of the court system |
| title_short | Ukraine – a candidate for joining the EU: current challenges of the court system |
| title_sort | ukraine a candidate for joining the eu current challenges of the court system |
| topic | judicial system martial law Ukraine EU Supreme Council of Justice Ethics Council |
| url | http://journal-kpas.uzhnu.edu.ua/article/view/266952 |
| work_keys_str_mv | AT veronikaberch ukraineacandidateforjoiningtheeucurrentchallengesofthecourtsystem |