Judicial system of Ukraine
Encyclopedia
The judicial system of Ukraine
is outlined in the 1996 Constitution of Ukraine
. Before this there was no notion of judicial review
nor any Supreme Court
since 1991's Ukrainian independence.
Although judicial independence
exist in principle, in practise there is little separation of juridical and political powers
. Judges are subjected to pressure by political and business interests. Ukraine's court system is widely regarded as corrupt. A Ukrainian Justice Ministry 2009 survey revealed that only 10 percent of respondents trusted the nation’s court system. Less than 30 percent believed that it’s still possible to get a fair trial. Ukrainian politicians
and analyst have described the system of justice in Ukraine as "rotten to the core" and have complained about political pressure put on judges and corruption. Ukrainian judges have been arrested while taking bribe.
Court judges maintained a 99.5 percent conviction rate from 2005 till 2008, equal to the conviction rate of the Soviet Union
. Suspects are often incarcerated for long periods before trial.
The judicial system of Ukraine
consists of four levels of courts of general jurisdiction, as follows:
an countries. According to the European Commission for Democracy through Law ‘the role and functions of the Prosecutor’s Office is not in accordance with Council of Europe
standards".
. Ukrainian companies often use international law
to settle conflicts. Ukraine recognizes the verdicts of the European Court of Human Rights
.
on mutual consent of parties. Citizens, who are unable to talk Ukrainian
or Russian are allowed to use their native language or the services of a translator.
and the former Ukrainian SSR
. As such, it had many of the problems which marred Soviet justice, most notably a corrupt and politicised judiciary. Lawyers have stated trial results can be unfairly fixed, with judges commonly refusing to hear exculpatory evidence
, while calling frequent recesses to confer privately with the prosecutor. Insiders say paying and receiving bribes is a common practice in most Ukrainian courts. Fee amounts depend on jurisdiction, the crime, real or trumped-up, and the financial wherewithal of the individual or company involved.
The Prosecutor-General's Office - part of the government - exerted undue influence, with judges often not daring to rule against state prosecutors. Those who did faced disciplinary actions; when a Kiev court ruled for opposition politician Yulia Tymoshenko
, the presiding judge was himself prosecuted. The courts were not even independent from each other, and it was commonplace for trial court judges to call the higher courts and ask how to decide a case. Courts were often underfunded, with little money or resources. It was not uncommon for cases to be heard in small, cramped courtrooms with the electricity cut off while prisoners were unable to attend because of lack of transport from jails to courtrooms.
Reformers highlighted the state of the judiciary as a key problem in the early 1990s and established a number of programmes to improve the performance of the judiciary. A Ukraine-Ohio
Rule of Law Program was established in 1994 which brought together lawyers and judges from the American
state of Ohio, including members of the Ohio Supreme Court, with their Ukrainian counterparts. The United States Agency for International Development
supported these and other initiatives, which were also backed by Europe
an governments and international organisations.
These efforts proved controversial among some of the judicial old guard, but a band of reformist judges - dubbed the "judicial opposition" - increasingly gained support from reformers in local administrations who pushed for an end to judicial corruption. Judges were indicted en masse in Dnipropetrovsk
in the early 1990s, and later on judges from the Mykolayiv city court and the Moskovskyy district court of Kiev
were put on trial for corruption.
Major changes were made to the judicial system when the law "On the court system" was passed on 7 February 2002, creating a new level of judiciary and enacting institutional safeguards to insulate judges from political pressure.
President
Viktor Yanukovych
formed an expert group to make recommendations how to "clean up the current mess and adopt a law on court organization” on March 24, 2010. One day after setting this commission Yanukovych stated “We can no longer disgrace our country with such a court system.”
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
is outlined in the 1996 Constitution of Ukraine
Constitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
. Before this there was no notion of judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
nor any Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
since 1991's Ukrainian independence.
Although judicial independence
Judicial independence
Judicial Independence is the idea that the judiciary needs to be kept away from the other branches of government...
exist in principle, in practise there is little separation of juridical and political powers
Politics of Ukraine
Politics of Ukraine take place in a framework of a presidential representative democratic republic and of a multi-party system. Executive power is exercised by the Cabinet. Legislative power is vested in the parliament...
. Judges are subjected to pressure by political and business interests. Ukraine's court system is widely regarded as corrupt. A Ukrainian Justice Ministry 2009 survey revealed that only 10 percent of respondents trusted the nation’s court system. Less than 30 percent believed that it’s still possible to get a fair trial. Ukrainian politicians
Politics of Ukraine
Politics of Ukraine take place in a framework of a presidential representative democratic republic and of a multi-party system. Executive power is exercised by the Cabinet. Legislative power is vested in the parliament...
and analyst have described the system of justice in Ukraine as "rotten to the core" and have complained about political pressure put on judges and corruption. Ukrainian judges have been arrested while taking bribe.
Court judges maintained a 99.5 percent conviction rate from 2005 till 2008, equal to the conviction rate of the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
. Suspects are often incarcerated for long periods before trial.
Outline of the Court system
Ukrainian courts enjoy legal, financial and constitutional freedom guaranteed by measures adopted in Ukrainian law in 2010. Although there are still problems with the performance of the system, it is considered to have been much improved since the last juddicial reform introduced in 2002. The Supreme Court is regarded as being an independent and impartial body, and has on several occasions ruled against the Ukrainian government.The judicial system of Ukraine
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
consists of four levels of courts of general jurisdiction, as follows:
Local Courts
- Local "general" courts (combining criminal and civil jurisdiction) consisting of:
- district, urban district and town courts;
- city courts in KievKievKiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
and SevastopolSevastopolSevastopol is a city on rights of administrative division of Ukraine, located on the Black Sea coast of the Crimea peninsula. It has a population of 342,451 . Sevastopol is the second largest port in Ukraine, after the Port of Odessa....
.
- Local specialized courts (either commercial or administrative jurisdiction) consisting of:
- regional courts;
- commercial and administrative courts of the capital of Autonomous Republic of Crimea;
- city courts in Kiev and Sevastopol.
Appellate courts
- Appellate courts (combining criminal and civil jurisdiction), consisting of:
- regional appellate courts;
- appellate court of the capital of Autonomous Republic of Crimea;
- appellate courts of the cities of Kiev and Sevastopol.
- Appellate specialized courts (either commercial or administrative jurisdiction) consisting of:
- commercial appellate courts;
- administrative appellate courts.
High courts with specialized jurisdiction
- The High Specialized Court on Civil and Criminal Cases, covering civil and criminal cases;
- The High Administrative Court of Ukraine, covering administrative cases;
- The High Commercial Court of Ukraine, covering economic and commercial cases.
The Supreme Court of Ukraine
- Supreme CourtSupreme Court of UkraineThe Supreme Court of Ukraine is the highest judicial body in the system of courts of general jurisdiction in Ukraine.The Court derives its authority from the Constitution of Ukraine, but much of its structure is outlined in legislation...
is the highest court within the system of courts of general jurisdiction, conducting the review re unequal application of the rules of substantive law by the cassation courts and subject to cases when international judicial institution the jurisdiction of which is recognized by Ukraine has established the violation of international obligations by Ukraine.
Judges
- Congress of Judges of Ukraine
- Council of Judges of Ukraine
- Highest Qualification Commission of Judges (Ukraine)
- State Court Administration of Ukraine
The Constitutional Court of Ukraine
- The Constitutional Court of UkraineConstitutional Court of UkraineThe Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine and decides whether laws and other legal acts are constitutional....
is a special body with authority to assess whether legislative acts of the Parliament, President, Cabinet or Crimean Parliament are in line with the Constitution of UkraineConstitution of UkraineThe Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
. This Court also gives commentaries to certain norms of the Constitution or laws of Ukraine (superior acts of Parliament).
Prosecution
Prosecutors in Ukraine have greater powers then in most EuropeEurope
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an countries. According to the European Commission for Democracy through Law ‘the role and functions of the Prosecutor’s Office is not in accordance with Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
standards".
Supreme Council of Justice
Beside everything above-mentioned there also is the Supreme Council of Justice which was legalized on January 15, 1998. This council "is a collective independent body that is responsible for formation of the high-profile judge corpus capable of qualified, honest and impartial exercise of justice on a professional basis; and for making decisions regarding violations by judges and procurators of the requirements concerning their incompatibility and within the scope of their competence of their disciplinary responsibility". Three members of the council are automatically assigned for holding the following positions: Chairman of the Supreme Court, Minister of Justice, and Prosecutor General. The other 17 members are elected for a period of six years. The council consists of 20 members.Flaws in the system
Ukraine has few relevant corporate and property laws; this hinders corporate governanceCorporate governance
Corporate governance is a number of processes, customs, policies, laws, and institutions which have impact on the way a company is controlled...
. Ukrainian companies often use international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
to settle conflicts. Ukraine recognizes the verdicts of the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
.
Appointment and regulation of judges
Judges are appointed by presidential decree for a period of five years, after which Ukraine's Supreme Council confirms them for life in an attempt to insulate them from politics. Judges are protected from dismissal (save in instances of gross misconduct).Language used in Court
Since January 1, 2010 it is allowed to hold court proceedings in RussianRussian language
Russian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
on mutual consent of parties. Citizens, who are unable to talk Ukrainian
Ukrainian language
Ukrainian is a language of the East Slavic subgroup of the Slavic languages. It is the official state language of Ukraine. Written Ukrainian uses a variant of the Cyrillic alphabet....
or Russian are allowed to use their native language or the services of a translator.
Reform 2002 efforts
Ukraine's judicial system was inherited from that of the Soviet UnionSoviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
and the former Ukrainian SSR
Ukrainian SSR
The Ukrainian Soviet Socialist Republic or in short, the Ukrainian SSR was a sovereign Soviet Socialist state and one of the fifteen constituent republics of the Soviet Union lasting from its inception in 1922 to the breakup in 1991...
. As such, it had many of the problems which marred Soviet justice, most notably a corrupt and politicised judiciary. Lawyers have stated trial results can be unfairly fixed, with judges commonly refusing to hear exculpatory evidence
Exculpatory evidence
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt....
, while calling frequent recesses to confer privately with the prosecutor. Insiders say paying and receiving bribes is a common practice in most Ukrainian courts. Fee amounts depend on jurisdiction, the crime, real or trumped-up, and the financial wherewithal of the individual or company involved.
The Prosecutor-General's Office - part of the government - exerted undue influence, with judges often not daring to rule against state prosecutors. Those who did faced disciplinary actions; when a Kiev court ruled for opposition politician Yulia Tymoshenko
Yulia Tymoshenko
Yulia Volodymyrivna Tymoshenko , née Grigyan , born 27 November 1960, is a Ukrainian politician. She was the Prime Minister of Ukraine from 24 January to 8 September 2005, and again from 18 December 2007 to 4 March 2010. She placed third in Forbes Magazine's List of The World's 100 Most Powerful...
, the presiding judge was himself prosecuted. The courts were not even independent from each other, and it was commonplace for trial court judges to call the higher courts and ask how to decide a case. Courts were often underfunded, with little money or resources. It was not uncommon for cases to be heard in small, cramped courtrooms with the electricity cut off while prisoners were unable to attend because of lack of transport from jails to courtrooms.
Reformers highlighted the state of the judiciary as a key problem in the early 1990s and established a number of programmes to improve the performance of the judiciary. A Ukraine-Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
Rule of Law Program was established in 1994 which brought together lawyers and judges from the American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of Ohio, including members of the Ohio Supreme Court, with their Ukrainian counterparts. The United States Agency for International Development
United States Agency for International Development
The United States Agency for International Development is the United States federal government agency primarily responsible for administering civilian foreign aid. President John F. Kennedy created USAID in 1961 by executive order to implement development assistance programs in the areas...
supported these and other initiatives, which were also backed by Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an governments and international organisations.
These efforts proved controversial among some of the judicial old guard, but a band of reformist judges - dubbed the "judicial opposition" - increasingly gained support from reformers in local administrations who pushed for an end to judicial corruption. Judges were indicted en masse in Dnipropetrovsk
Dnipropetrovsk
Dnipropetrovsk or Dnepropetrovsk formerly Yekaterinoslav is Ukraine's third largest city with one million inhabitants. It is located southeast of Ukraine's capital Kiev on the Dnieper River, in the south-central region of the country...
in the early 1990s, and later on judges from the Mykolayiv city court and the Moskovskyy district court of Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
were put on trial for corruption.
Major changes were made to the judicial system when the law "On the court system" was passed on 7 February 2002, creating a new level of judiciary and enacting institutional safeguards to insulate judges from political pressure.
President
President of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
Viktor Yanukovych
Viktor Yanukovych
Viktor Fedorovych Yanukovych is a Ukrainian politician who has been the President of Ukraine since February 2010.Yanukovych served as the Governor of Donetsk Oblast from 1997 to 2002...
formed an expert group to make recommendations how to "clean up the current mess and adopt a law on court organization” on March 24, 2010. One day after setting this commission Yanukovych stated “We can no longer disgrace our country with such a court system.”