In Ukraine, they are announcing the implementation of judicial reform, which may eliminate the power of illegal mechanisms from the delivery of justice to the current justice process. Having set themselves such a goal, leading scientists and civil activists from the group Reanimation Package of Reforms (RPR) have developed a bill that aims to increase the independence of the courts from the pressure of politics and the judiciary kerivnitstva. Recently, following its registration with the Verkhovna Rada, the Presidential Administration (AP) introduced an alternative draft to the law. Having read it, it becomes clear that the judicial reform under the Yanukovych regime’s lawyers Andriy Portnov and Sergiy Kivalov was without a doubt. We reject the innovations of the associates of the current Head of State Petro Poroshenko.
Tsikavo, I will submit the AP bill by appearing not on the official website of the authorities, but on a resource that is largely associated with one of the authors of the judicial reform of the 2010 era. This is an even symbolic fact. Even the project of judicial reform under the AP “superban” of Portnov-Kivalov for Yanukovych is not only saved, but multiplied. Thus, in addition to the constitutional importance of appointing judges first and confirming judges, the President has the right to: liquidate judges; sign the confirmation of the judges and the goals of the judges (even if it takes a hundred minutes until the remaining ones are recognized); take the oath of justice (of allegiance to the President?); transfer by your decree of judges, including up to all courts of the higher level (the Verkhovna Rada also transfers judges, but horizontally and down to local courts). “In other words, the career of the skin judge is entirely in the hands of the new President. In the opinion of representatives of the AP, the right to a fair trial rests,” says Roman Kuibida, co-author of the judicial reform project from the RPR group. In addition, in addition to the strengthening of the President's authority, the authors of the bill in the AP also proposed to introduce qualification classes and qualification certification of judges, based on the results of which they could be demoted in prison or get out. In their own way, the RPR group wanted to transfer such importance to the judicial self-government before the career promotion of the judges. Therefore, the current bill transfers the creation of qualification and disciplinary commissions under the Council of Judges of Ukraine (RSUZ, which was formed according to the new rules. It is stated that after the meeting of judges will confirm lists of candidates for Place their members in the ship's corps. Also, before these lists, large and professional organizations of lawyers can submit their candidates. real members of the RSU. The term of their work in the qualification and disciplinary commission may not exceed one fate. Such a mechanism, in the opinion of representatives of the RPR group, creates the effect of non-transferability, which excludes any manifestation of patronage or nepotism in this area. In this way, it is expected that you will receive this second degree, which reached the High Qualification Commission of Judges (VKKS) in the hours of Yanukovych. However, these democratic norms seem to have appeared not to the satisfaction of the representatives of the AP, who have seen the emerging proposals of the old guard judges from the more specialized courts, and they plan to transfer new importance to them current qualification certification of Femidi servants of the VKKS itself. Through chalen navantazhenya you will be able to work with your fingers or your fingers. Why do the “unpleasant” new government judges suffer? — Who will accept the legal insignificance of the frame for their release for violating the oath. Adje is formulated in the following order: “by committing actions to discredit the title of the judge or to undermine the authority of justice.” The RPR bill has clearly written provisions for attracting judges to disciplinary responsibility, including imprisonment for breaking the oath, which included taking any politically motivated This is the decision for this meal,” explains Roman Kuibida. In my opinion, it appears that the representatives of the President want to pass through parliament - first of all, his intercessor Oleksiy Filatov. It is possible that such an idea failed under the pressure of the heads of the most specialized courts working on judicial reform. Even with this, they are deprived of the ability to instruct members of the Higher Qualification Commission, some of their colleagues in the shop, without the possibility of attracting them to a disciplinary level, to take responsibility for the results of the qualification certification. There are no norms in the AP bill that would be subject to the courts of state jurisdiction, the activities of which are partly the subject of consideration by the ZMI. Even though the fame of the most corrupt body of the ship's government has risen, they see the smallest number of claims, which are deducting money from the state budget. “Besides, their competence includes the same private law disputes that the courts of civil jurisdiction have, as they see, under a subjective sign, the procedures of sovereign and civil justice “Not to blame for the importance of principles,” says the ex-Minister of Justice, former scientific constitutionalist Serhiy Golovaty. To ask: why then were specialized sovereign courts created in Ukraine, V.Vidpov: “Because in the 90s - such a period became necessary for the dismantling of the old Radyansky ship system. However, life does not stand still, and today it has become reasonable that the ruler’s judges are liquidated. We were thrown into the atmosphere of the dishonest bourgeoisie, as it sank into power. And not without the help of the sovereign courts. Later, as soon as the Supreme Court of Ukraine was involved in the procedure of the Armed Forces of Ukraine, at the initiative of Kivalov, a new Great Special Court was created in the light of civil and criminal records. In this manner, the unified judicial system was fragmented. Now it is necessary to correct more quickly, having created judicial proceedings, as a systemic river. However, the new government no longer intends to interfere with the courts of the sovereign jurisdiction, and may intend to change the number of appellate courts, which are of greatest importance. Representatives of the RPR group in their bill proposed to reorganize local state courts into district courts considering civil and criminal cases, as well as civil (state) disputes. outside the categories of criminal cases, in order to separate the local courts from the crazy situation (in the past, there were 67 certificates per judge per month, while only 17 certificates fell on the judge of the district court). However, in the AP they decided not to respect the judges-“state holders”. As for me, this position is dictated by the fact that representatives of the local government, among whom there are many oligarchs, will refuse to do the same in the sovereign courts in connection with their business - the way to put pressure on judgments from the leading offices or from the leading households. And here we can also talk about the President of Ukraine Petro Poroshenko, who is the leader of “factories, factories, newspapers and steamboats.” And the one and only curator of the judicial reform in the AP, Oleksiy Filatov, who, in accordance with the law, works in the service of representing the commercial interests of a foreign power company - a Latvian one. collection company Reverta. Through this, Ukrainians are not able to achieve democratic changes in the judicial system. If only two bills are submitted to the Verkhovna Rada for voting - one authored by the RPR team and the AP, it is not excluded that the law itself will become the same. Thus, the courts will continue to operate in the old way, completely subservient to the current government.
