Recent Developments in the Ukrainian Judicial System and the Impact of International and European Law
AbstractUkraine’s judicial system is still shackled by its Soviet past. Despite gaining independence in 1991, it is not surprising that this new sovereign state could not usher in overnight a new judicial system firmly based on the rule of law and the separation of powers. The author assesses current reform efforts in the Ukrainian justice sector in light of several European Union and Council of Europe recommendations for further steps in the constitutional development of Ukraine. Key reforms are analysed including the implications of the “small justice reform” of 2002 and the draft law on the judiciary and the status of judges. As Ukraine does not have an explicit strategy on Justice and Home Affairs, which makes any such analysis of recent justice reforms more difficult, its obligations in this area under several EU-Ukraine treaties and joint projects will be analysed.