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Overview of the Ukrainian judicial system: structure, competence and basic principles

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Миколаєнко Олена
Lawyer
Ukraine / Kyiv
Миколаєнко Олена

i

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Publication date: 19.04.2024

Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law

In today's Ukrainian society, the judicial system plays a key role in ensuring the rule of law and protecting the rights and freedoms of citizens. This article provides an overview of the judicial system of Ukraine, including its structure, competence and basic principles of operation.

 

Structure of the judicial system

 

The Ukrainian judicial system consists of three main levels: local courts, courts of appeal and the Supreme Court. The local courts handle first instance cases, the appellate courts decide on appeals against local court decisions, and the Supreme Court issues cassation decisions and has the final say on major legal issues.

 

Competence of the judiciary

 

Local courts deal with a wide range of cases, including civil, criminal, administrative, family and other matters. They also resolve issues related to the rights and freedoms of citizens. Courts of appeal review decisions of local courts, while the Supreme Court rules on constitutional issues and resolves disputes between different judicial bodies.

 

Principles of the judicial system

 

The principle of judicial independence

 

This principle stipulates that judges should be independent of any influence or pressure to ensure objectivity and fairness in the resolution of cases. Judges should make their decisions only on the basis of the law and free from the influence of any other factors.

 

The principle of accessibility and equality before the law

 

This principle guarantees that everyone has the right to access to the courts and equal protection before the law, regardless of their status, religion, race or other characteristics. Courts should be accessible to all citizens, and their decisions should be objective and impartial.

 

Transparency of the judicial process

 

This principle implies that court hearings and decisions should be open to the public. Judicial procedures, including the resolution of cases and the issuance of judgements, should be transparent and accessible to the public.

 

The principle of fairness and efficiency

 

This principle stipulates that judicial decisions should be fair and in accordance with the law, and should be made within a reasonable time. Fairness is the foundation of justice, while efficiency helps to ensure that cases are resolved quickly and efficiently.

 

The principle of legal responsibility

 

This principle stipulates that all subjects of law must comply with the law, and that violations of the law should have appropriate consequences. The judiciary is responsible for ensuring legal accountability and protecting the rights of citizens.

 

Legislative framework and legal norms

 

The main sources of law for the judicial system of Ukraine are the Constitution of Ukraine, Codes and laws, international agreements, decisions of the Supreme Court and other legal acts.

 

The role of an advocate in the judicial system

A lawyer plays an important role in the judicial system, providing legal protection and advice to citizens in court proceedings. They represent clients' interests in court, help them draft the right documents and make efforts to protect their rights and freedoms.

 

To summarise, Ukraine's judicial system is essential for ensuring the rule of law and legal protection of citizens. Its effective functioning is based on compliance with the basic principles of legal proceedings and cooperation between all parties to the legal process, including lawyers, which ensures a high level of legal protection and respect for the rule of law.

 


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