PARTICIPATION IN COURT HEARINGS ONLINE.
INTEGRITY OF JUDGES.
PUBLIC TRUST IN THE JUDICIAL SYSTEM.
IMPLEMENTATION OF A SYSTEM SIMILAR TO “ACTION” FOR OBTAINING LEGAL DOCUMENTS.
FAST AND EFFICIENT ENFORCEMENT OF COURT DECISIONS.
ALL THIS WILL BECOME REAL AFTER THE FULL IMPLEMENTATION OF THE JUDICIAL REFORM.
AND THIS IS EXACTLY WHAT EUROPE IS HELPING US WITH. The majority of the population is in favor of immediate changes in the judicial system, and this is what our Western partners insist on. In addition, reform of the judiciary is a prerequisite for receiving IMF loans. What is needed for effective implementation? And how long will it take for the judicial system to change qualitatively? Consultations on the implementation of judicial reform have been going on for several years: Western partners share their experience of similar changes in Lithuania, Poland, and Bulgaria. Currently, a wide range of Ukrainian and international stakeholders have already developed a draft Strategy for Sustainable Development of the Judiciary for 2021-2025. “A strategic approach is essential to see the full picture of measures that will make the judiciary not only independent but also accountable.“, – says Dovydas Vitkauskas, Head of the EU Pravo-Justice Project. The draft Strategy for Sustainable Development of the Judiciary for 2021-2025 covers the necessary transformations: from solving personnel problems to introducing such new tools for Ukrainian society as mediation and alternative dispute resolution.
Representatives of the Interregional Working Group of the Regional Justice Reform Councils (RJRC) also provided suggestions on the specifics of implementing the strategy in the current environment.
Implementation of the judicial reform is now more urgent than ever: the public demand for changes in the judicial system is enormous, says Andriy Ryshchenko, judge of the District Court of Dnipropetrovs’k Region, coordinator of the Dnipropetrovs’k RRDC. ” For years, politicians of various levels have been saying that the previous reform was wrong and that the courts are not working as they should, says Andriy Ryshchenko.
– “Constant information attacks on courts and judges are firmly embedded in people’s minds, and even once a taxi driver complained to me that the courts are to blame for another rise in the dollar “. However, the judge notes, people need consistency. And in Ukraine, not a single judicial reform has been completed. And the authorities have not yet defined the criteria for successful reforms. Moreover, experts insist that “reforms for the sake of reforms” have made the situation of the judicial system even more complicated: there is simply no one to work in the courts. As a result of the introduction of qualification assessment, more than a quarter of judicial vacancies are vacant, and their number will continue to grow. “Personnel issues are the most painful and require immediate action,” insists Hanna Pavlevska, Chief of Staff of the Southwestern Economic Court of Appeal, member of the Odesa RRMP.
– The lack of judges began to be discussed in 2018-2019, when a significant number of judges resigned.
At the end of 2019, the High Qualification Commission of Judges ceased to function, which meant that no new competitions and selections of judges were held, and the qualification assessment of judges was not completed.
As a result, more than 1900 judicial positions, or more than 25%, are currently vacant.
In addition, about 1600 judges are eligible for retirement in 2021 “. There is also an acute shortage of staff. The key issue here is low wages. “The reason for this is underfunding of local and appellate courts: last year, they received only half of the budget allocated to them,” – says Hanna Pavlevska. And in 2021, the situation worsened even more. At the same time, a temporary increase in budget funding is not enough to meet urgent needs, experts say. To ensure more efficient resource management, systemic reforms in this area and strategic financial planning are needed. Digitalization of judicial procedures is also particularly relevant for citizens, judges say. “There are many people in the country who, due to the lack of proper infrastructure, normal roads and convenient transportation, are deprived of the opportunity to go to court at allcomments Judge of the District Court of Dnipropetrovs’k Region Andrii Ryshchenko. For example, people with disabilities and the elderly.
Another category is young people who do not want to visit government agencies at all because of the need to wait in lines and spend time traveling.
It is easier for young people to use services through digital services, which can be provided by the Electronic Court. .
Така система вже існує, а ще розвинулась за 2020.
Під час карантину засідання частіше проводились на цифрових платформах, а у окремих судах — наприклад, у Львівському окружному адміністративному суді – всі матеріали справ оцифровуються й кожен учасник справи має можливість, не виходячи з дому чи офісу, мати до них доступ, подавати свої документи, за умови реєстрації брати участь у безпосередньому вирішенні свого спору, розповідає
суддя Львівського окружного адміністративного суду, член Львівської РРРП Олександр Сасевич. У майбутньому ж — підкреслюють судді – необхідно зосередитись на доступності «Електронного суду» для користувачів. Система потребує значних коштів на доопрацювання. Забезпечення виконання судових рішень, на думку правників, є наступним обов’язковим кроком. Ситуація з цим зараз — просто катастрофічна. Переважна більшість постанов не виконується, а відомі посадові особи публічно заявляють про невиконання рішень суду. У цих умовах — впевнені експерти — про верховенство права не може йтися взагалі. Суддя Львівського окружного адміністративного суду Олександр Сасевич є прихильником введення механізму судового контролю. « I am convinced that the court should not become a passive party after making a decision, but should actively contribute to its implementation, – says Oleksandr Sasevych – That is why I see the expediency of widespread use of judicial control over the execution of decisions, which requires the initiative of the judiciary in the first place“. The judicial reform will also take into account the changes that have already taken place in the country. For example, local courts are to be reorganized in line with the new administrative structure. After the reform is completed, some small cases will be brought to court directly in local communities. For this purpose, the institute of magistrates will be introduced. Other dispute resolution tools will also be added, including mediation. Alternative dispute resolution will also reduce the financial burden on the judicial system. Experts see such steps as beneficial for both judges and parties to the dispute, says Oleksandr Sasevych. “Reconciliation or resolution of a dispute through mediation is extremely effective, as it smoothes out the disputed situation and gives the parties to the dispute the opportunity to agree on acceptable solutionscomments Oleksandr Sasevych.
— In my work, I always try to find out the essence of the problem and find an opportunity for reconciliation, to provide the parties with a different perspective on their problem, with a view to resolving it peacefully.
And if this method is finally enshrined in law, it will significantly relieve the courts and provide society with new effective ways to resolve disputes. “.
The priority of judicial reform is to increase public trust, experts insist: according to recent polls, only 3.7% of citizens consider Ukrainian judges to be fully independent.
It is also important to increase the integrity of judges and properly organize the management of the judicial system.
These goals can be achieved if the High Qualifications Commission of Judges is restored in a transparent manner and the High Council of Justice strengthens control over judicial integrity, judges believe.
By the way, two draft laws related to these reforms are already being considered in the parliament.
The main thing, judges and international experts emphasize, is to be consistent in implementing the reforms.
The provisions of the Strategy and the criteria for implementing changes should be more clearly defined.
And not to abandon the strategic approach. Written by journalist Oksana Viter for the EU Project Pravo-Justice