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Viche 2008 21

21, 2008

Next legislation about judicial system, or the plan of complete corruptibility of the judicial system of Ukraine

Significance of the judicial system of every country doesnt exist within the limits of the notion judicial power. The point is that unlike legislative and executive powers, which according to the Constitution are represented by one or two higher state organs, the judicial power is carried out by the whole aggregate of judicial organs from lower to supreme. And each of them, rather than just the Supreme Court, settles specific businesses independently, following laws and sense of justice of judges. There is no administrative hierarchy and dependence between subordinate and higher organs in the system of judicial organs that is why the system of courts of a country, where every court independently carries out judicial power, is so important for the realization of justice.

Dependence of the court on high rank state officials as well as on very rich citizens makes the realization of impartial, unprejudiced, unbiased justice impossible. That is why the judicial system in the state must be set so that to eliminate these obvious, every day recurring dangers in the Ukrainian court. The offered legislation about judicial system (project of Yushchenko Kyvalov, as it was called in the publication; see: Mirror of the week. August, 30 2008), unfortunately, doesnt eliminate any danger. Because both telephone right and corruption in courts will only flourish in more frank and cynical forms and on an incomparable large scales. The legislation even does not answer elementary question: how many mistaken court decisions can a judge make a year in order he could be called to account for professional impropriety? And it vice versa protects illiterate judges from responsibility, because it is set in the article 111 that the cancellation of court decision does not cause disciplinary responsibility of professional judge who took part in making this decision. Consequently, no matter how many unskilled or intentionally unlawful decisions were made by a judge he does not carry any responsibility. But true or false, legal or illegal court decisions are the main criteria of professionalism of judges. That is why every judicial error must be considered as extraordinary incident in the work of the court.

Vasiliy SIRENKO