Publication date: 03.07.2024
The President's influence on the judicial system of Ukraine
The judiciary is one of the most important branches of government that ensures justice, legality and protection of the rights and freedoms of citizens. The President of Ukraine, as the head of state, has certain powers that affect the functioning of the judicial system. In this article, we will examine the legal framework and mechanisms of the President's influence on the judiciary, as well as the challenges and problems associated with this influence.
Constitutional and legislative framework
TheConstitution of Ukraine: The fundamental law of the state that defines the legal status and powers of the President in relations with the judiciary. Article 106 of the Constitution of Ukraine provides that the President ensures the observance of the Constitution, human and civil rights and freedoms, and submits proposals for the candidates for the Constitutional Court.
TheLaw of Ukraine "On the Judiciary and the Status of Judges": Regulates the organisation of the judiciary, the procedure for the appointment and dismissal of judges, their rights and obligations, and their interaction with other branches of government.
TheLaw of Ukraine "On the Constitutional Court of Ukraine": Defines the procedure for the formation and operation of the Constitutional Court, the powers of the President in the process of appointing judges to the Constitutional Court.
Law of Ukraine "On the High Council of Justice": Establishes the procedure for the High Council of Justice, which plays a key role in the appointment and dismissal of judges and consideration of disciplinary cases.
Powers of the President over the judiciary
Appointment ofjudges: The President appoints judges, including judges of the Supreme Court and courts of appeal, on the basis of a recommendation from the High Council of Justice. This gives the President significant influence over the formation of the judiciary.
Appointment ofjudges of the Constitutional Court: The President appoints six judges of the Constitutional Court of Ukraine, which is one third of the total number of judges of this body. This gives the President influence over the activities of the Constitutional Court and its decision-making.
Pardons and amnesties: The President has the power to grant pardons and amnesties, which includes the release of persons from punishment or reduction of sentences. This affects the system of enforcement of court decisions.
Participation in the judicial reform process: The President is actively involved in the reform of the judiciary by initiating legislative changes, creating working groups, commissions and other bodies to develop and implement reforms.
President's influence on the judiciary
Formation of the judiciary: The appointment of judges is an important mechanism of the President's influence on the judiciary. The choice of candidates submitted by the High Council of Justice affects the quality and independence of the judiciary.
Constitutional control: The appointment of judges to the Constitutional Court provides the President with an opportunity to influence the constitutional control over the observance of laws and the Constitution of Ukraine. Decisions of the Constitutional Court have a significant impact on the legal system of the country.
Pardons and amnesties: Pardons and amnesties allow the President to influence the system of enforcement of court decisions, ensuring the humanisation of justice and reducing social tensions.
Reforming the judicial system: The President plays a key role in reforming the judiciary by initiating legislative changes and establishing working groups and commissions. This helps to modernise the judicial system, increase its efficiency and ensure respect for the rights and freedoms of citizens.
Challenges and issues
Political pressure: The judiciary may be subject to political pressure from the executive, including the President. This can lead to a loss of judicial independence and violation of the principle of separation of powers.
Independence of the judiciary: The appointment of judges based on the recommendation of the High Council of Justice ensures a certain level of independence of the judiciary, but the President's influence on this process may pose risks to the objectivity and impartiality of judges.
Corruption and abuse of power: The President's influence on the judiciary may create opportunities for corruption and abuse of power. This calls for greater control and transparency in the appointment and dismissal of judges.
Reforming the judiciary: Reforms in the judiciary face numerous challenges, including resistance from the judiciary, political conflicts, insufficient funding and other factors.
Recommendations to improve the President's influence on the judiciary
Ensure transparency: Ensure transparency of the processes of appointment and dismissal of judges, publication of information about candidates, open competitions, participation of the public and international experts in the selection of judges.
Increase the independence of the judiciary: Ensuring the independence of the judiciary, reducing political influence on judges, strengthening guarantees of their impartiality and objectivity, and creating conditions for them to perform their duties independently.
Fightingcorruption: Strengthening measures to combat corruption in the judiciary, implementing anti-corruption programmes, conducting regular inspections of judges, and ensuring that corruption-related offences are punishable by inevitable punishment.
Reforming the judicial system: Comprehensive reforms of the judicial system, modernisation of legislation, introduction of modern technologies, professional development of judges, and provision of professional training.
Conclusion.
The President of Ukraine plays a significant role in the functioning of the country's judicial system. The Constitution of Ukraine and other legislative acts define his powers to appoint judges, grant pardons and amnesties, and participate in the reform of the judicial system. The President's influence on the judicial system ensures its efficiency, legality and fairness.
However, the exercise of these powers faces numerous challenges, including political pressure, risks of corruption, issues of judicial independence and the need for reforms. To improve the President's influence on the judiciary, it is necessary to ensure transparency of processes, increase the independence of judges, fight corruption and implement comprehensive reforms. This will help strengthen the legal system of Ukraine, increase public confidence in the judiciary and ensure the protection of their rights and freedoms.
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