Журнал Viche 2010 №13

№13, 2010

Oleksiy YUSHCHIK: "Judicial reform lacks good sense"

However that, who today gives up stones in the system of rule-making envisaged by this law, disgraces her for inefficiency and others like that, I would like to remind that between foreseen by a law and actually built system there is a wide difference. And giving up stones is necessary
not in a law, but in those, whoever him did not execute.


            S. P. That do you mean?

            О. U. That the row of fundamental law provisions so not was realized means. At first, existence of the Appeal court of Ukraine and court of cassation of Ukraine was foreseen them, that must examine civil and criminal cases on the second and third instance, as general courts in the system of courts of general jurisdiction. But by means of decision of Constitutional Court of formation of court of cassation of Ukraine blocked (presumably, to someone in Supreme Court it was not desirable to lose control above consideration of these businesses). That did we get? Supreme Court appeared overloaded by thousands of businesses, the terms of consideration of which grew to improper. And rights for hundreds of thousands simple stand after the same

And now reformers instead of court of cassation of Ukraine are forced to invent some higher criminal and Civil court of Ukraine, converting general courts into another specialized link of courts, next to the links of economic and administrative courts. And it already, I am sorry, foolishness which is not known by world justice and which is not perceived by good sense. In fact existence of the specialized courts makes sense only in relation to general or ordinary courts. If there are not ordinary courts, then it can not be and specialized. And what courts for us do remain ordinary, if to consider all courts specialized? In addition, this modern device of reformers does not comport with Constitution of Ukraine

The second fundamental moment touched of introducing specialized courts of administrative jurisdiction. Forming of the system of administrative courts it was foreseen to carry out self-weighted and stage-by-stage during three years, gradually going from specialization of judges in general courts to determining the necessary amount and structure of all link of administrative courts. And that did do instead? "to model" the far-fetched link of administrative justice one stroke, despite principle of territoriality which a good for nothing judicial law - Code of the administrative rule-making was given in hands in a great deal, that, as if an elephant in a tableware bench, "walked" for other judicial. Besides rashly "cut" jurisdiction of courts martial yet and. And today somebody with a maniac persistence aims it unknown for what purpose in general to liquidate courts (as on me, the best in quality of justice and by qualification of judges link of the judicial system, in what I made sure yet working in a committee during consideration of questions about setting of judges by Verkhovna Rada of Ukraine) martial. Certainly, at such terms the normal judicial system, being did not could and be not no time, if so will inculcate Constitution and laws on rule-making.