Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Independence of Judges as a Criterion for Assessing the Efficiency of Court Activities In the Conditions of the Reform of the Judicial System of Ukraine

Author(s): Oleh Prudyvus, Viktor Koshchynets, Oleksandr Basai, Nataliia Nestor, Anzhelika Krakovska

The independence of judges as a criterion for assessing the effectiveness of judges in the conditions of reforming the judicial system of Ukraine is considered in the article. It is established that the principle of independence of judges from any interference in the process of adjudication is enshrined in international and Ukrainian normative legal acts,. The principle of independence is multifaceted and involves the adoption of various means for its implementation. It is established that the formation of an adequate level of independence of judges is important for sending fair proceedings and creating the conditions for citizens to restore confidence in the judicial system. After all, the Ukrainian courts generally maintain a negative balance of trust and mistrust in society: 14% of the population trust the courts while 75% do not trust (balance-61%). That is why it is important for the state to take measures that could simultaneously create the desire of judges to act independently, to develop mechanisms and guarantees for such independence, as well as to adjust the level of confidence in the judicial system in the minds of citizens. It is concluded that the existence of real but not declarative independence of the court is a litmus test for effective reform of the judicial system in Ukraine. Therefore, the practical maintenance of the independence of judges should be a priority for judicial reform.