The concept and essence of the institutional capacity of Ukraine’s judicial system

Abstract

Introduction. Current state-building and law-making processes as well as Ukraine’s European integration course substantiate the need for further research into the issues of the institutional capacity of the judicial system of Ukraine, in particular, the determination of its essence, features, ways of formation, etc. The above issue has not been in the focus of theoretical and legal attention in legal science yet. In domestic scientific sources, the problems of the institutional capacity of the judicial system of Ukraine are considered somewhat fragmentarily, which does not contribute to the formation of unified scientific approaches and their practical solution. The purpose of the paper is to determine the content and essence of the institutional capacity of the judicial system of Ukraine based on the analysis of current domestic legislation, international legal acts, and lawyers’ opinions. Results. It is noted that in modern science there is a pluralism of approaches to determining the essence of institutional capacity. The issues related to institutional capacity are studied in terms of the state, certain state and non-state institutions, public associations, etc. Therefore, taking into account the wide range of aspects covered by the concept of institutional capacity, its content can be most fully revealed only in a certain practical context, which also concerns the issue of the institutional capacity of the judicial system. It is determined that the institutional capacity of the judicial system of Ukraine is its ability to perform its functions effectively and transparently by ensuring the appropriate level of regulatory compliance, as well as structural, organizational, personnel and technical systems, processes and resources. The elements of the institutional capacity of the judicial system of Ukraine include its structural construction, legislative and regulatory support, financial resources, personnel support, organizational autonomy of courts and independence of judges, cooperation between judicial bodies and external relations, management systems and practices, leadership and judicial administration, training and maintaining the qualifications of both judges and court staff, judicial self-government, implementation of the latest techniques and technologies, etc. Conclusion. An institution with a sufficiently high level of institutional capacity will ensure the appropriate level of efficiency and effectiveness of its own activities. The institutional capacity of the judicial system of Ukraine includes a certain set of elements and features that ensure its effective operation and allow achieving the purpose of the existence of this institution.