ВПЛИВ ЄВРОІНТЕГРАЦІЙНИХ ПРОЦЕСІВ НА СУДОВУ РЕФОРМУ В УКРАЇНІ

Rok vydání: 2022
Předmět:
DOI: 10.5281/zenodo.7084992
Popis: The European integration processes that unfolded after the Revolution of Dignity finally had not only a declarative, but also an implementation character. In terms of justice, this was reflected in the implementation of one of the most extensive judicial reforms during Ukraine's independence. Nevertheless, political risks for the independence of the judiciary remained, and attempts to implement changes in the field of formation, development and control of professional legal awareness of judges had moderate effectiveness. The article is devoted to the study of the interrelationships of the directions and tasks of judicial reform in Ukraine and the dynamics of European integration processes. The key historical stages of Ukraine's progress in the direction of European integration are studied. The shortcomings of the judicial reform of 2010, which took place contrary to the European integration paradigm, are characterized. The links between the foreign policy course of the state, the vector of judicial reform and the effectiveness of the development of professional legal awareness of judges are given. The criteria of European integration are summarized and the place assigned to judicial reform in them is established. It was established that as of 2019-2020, the idea of bringing national legislation in the field of the judiciary and the status of judges to full compliance with certain "criteria" has not lost its relevance. Instead, 2020 revealed the judicial power's unpreparedness to face the challenges of the global pandemic, and the Russian aggression that began in February 2022 actualized the need to prioritize the provision of a strong, stable theoretical-legal and normative foundation for the functioning of judges in wartime conditions. Thus, the influence of the final adoption of the European integration foreign policy vector of the state's development on the change of the idea of reforms in the legal provision of the functioning of the judiciary is obvious and strong. At the same time, the issue of the impact of the reforms on the professional legal awareness of judges remains open and debatable, which we associate with the problem substantiated above of the lack of measurable criteria for European integration in terms of justice, the rule of law, and the status of judges.
Databáze: OpenAIRE