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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.

 

Key problems of the justice administration in Ukraine

27.02.2014

Source: UJBL, Ukrainian Journal of Business Law

One of the key problems of the justice administration in Ukraine is absence of the civil society control over judges. This is the main reason why there are “strange” or even “extraordinary” decisions in Ukrainian courts. The judge who is adjudicating such decision is confident of his impunity.

In Ukraine the main authorities responsible for disciplinary liability of judges are the High Qualification Commission of Judges (in relation to judges of local and appeal courts) and the High Council of Justice (in relation to judges of high specialized courts and the Supreme Court of Ukraine).

These bodies should react to petitions of anyone, who is aware of any fact of undue behavior of a judge. According to the previous years statistics, less than 1% of petitions lead to disciplinary sanctions for judges. Taking into account a matter of common knowledge about the level of Ukrainian justice, such low percentage rate proves that there are problems in exercising of their functions by the above mentioned bodies.

The Existing analysis highlights problems in this sphere such as imperfect legislation, political pressure, contradictions in the disciplinary proceeding practices and overloading due to numerous petitions. Resolving of these problems should become an integral part of Ukrainian judicial system reform.

 
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