乌克兰司法治理的优化是战后法院系统稳定的先决条件

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We will focus on the optimisation of the judicial governance bodies responsible for upholding the independence of the judiciary and corresponding to the characteristics of the Judicial Council, whose institutional composition reflects Ukraine’s distinct model. In addition, in the lead-up to the imposition of martial law in Ukraine, the judicial governance bodies found themselves in a state of crisis, leading to dysfunctionality within this institution and demonstrating its vulnerabilities. It is essential to analyse the reasons that led to the negative consequences of the functioning of the judiciary, especially in the context of the war’s influence. This analysis is important in constructing legislative rules to prevent crisis phenomena in judicial governance and ensure its stable and continuous functioning. Methods: The author employed a range of research methods in this article, including the historical method, analysis methods and synthesis of information. 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引用次数: 0

摘要

背景:乌克兰为应对俄罗斯的全面入侵而引入的戒严令法律制度的条件,开创了一个新的法律框架,重塑了所有国家机构和乌克兰社会的格局。司法机构肩负着应对新挑战、适应新生活条件和规划未来发展方向的任务,它发现自己处于一种变革的地位。在乌克兰,优化司法制度的必要性日益明显。问题是,即使在资金和人员严重缺乏的情况下,如何组织司法当局有效地为国家执行司法。本文试图预测乌克兰司法制度优化的前景,考虑到其模式的国家特点和正在进行的战争进程。我们将重点优化负责维护司法独立的司法治理机构,并符合司法委员会的特点,司法委员会的机构组成反映了乌克兰独特的模式。此外,在乌克兰实行戒严之前,司法管理机构发现自己处于危机状态,导致该机构内部功能失调,并显示出其脆弱性。必须分析导致司法运作产生消极后果的原因,特别是在战争影响的背景下。这一分析对于构建立法规则,防止司法治理中的危机现象,保证司法治理的稳定和持续运行具有重要意义。方法:本文采用了多种研究方法,包括历史研究法、分析研究法和信息综合研究法。使用实际的经验信息有助于作者结论的适当论证。结果和结论:得出的结论是,战争造成的挑战要求改变整个政治制度,特别是司法制度。一种方法是优化其司法治理机构,作为确保可获得和公平司法的必要因素。国家司法治理模式是在司法委员会等机构的组织和运作中将欧洲先进做法引入国家法律体系的结果。然而,历史上极权主义的过去、法律文化的特殊性以及政治和社会条件的非同一性影响了结果。由于进行了许多改革,司法委员会的一种混合模式正在乌克兰发挥作用,这种模式应被确定为双重模式。危机条件下司法治理运作的国家经验表明了这种模式的脆弱性。这就把落实适当保障措施、确保司法治理工作稳定、不间断的问题提上了议程。他们的讨论是开展司法独立保障科学讨论的必要步骤,司法独立保障的一个重要方面是司法治理的有效运作。
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OPTIMISATION OF JUDICIAL GOVERNANCE IN UKRAINE AS A PREREQUISITE FOR THE STABILITY OF ITS COURT SYSTEM AFTER WAR
Background: The conditions of the legal regime of martial law, introduced in Ukraine in response to Russia’s full-scale invasion, have ushered in a new legal framework that has reshaped the landscape for all state institutions and Ukrainian society. The judiciary, tasked with responding to new challenges, adapting to new living conditions, and charting a course for its future development, has found itself in a transformative position. The need to optimise the judicial system is becoming increasingly evident in Ukraine. The question arises of how to organise judicial authorities to effectively administer justice for the state, even amidst a severe lack of funds and personnel. The article attempts to forecast the prospects of optimisation of the judicial system of Ukraine, considering the national features of its model and the ongoing course of the war. We will focus on the optimisation of the judicial governance bodies responsible for upholding the independence of the judiciary and corresponding to the characteristics of the Judicial Council, whose institutional composition reflects Ukraine’s distinct model. In addition, in the lead-up to the imposition of martial law in Ukraine, the judicial governance bodies found themselves in a state of crisis, leading to dysfunctionality within this institution and demonstrating its vulnerabilities. It is essential to analyse the reasons that led to the negative consequences of the functioning of the judiciary, especially in the context of the war’s influence. This analysis is important in constructing legislative rules to prevent crisis phenomena in judicial governance and ensure its stable and continuous functioning. Methods: The author employed a range of research methods in this article, including the historical method, analysis methods and synthesis of information. Using actual empirical information facilitated proper argumentation of the author's conclusions. Results and Conclusions: It was concluded that the challenges caused by the war required a transformation of the political system in general and the judicial system in particular. One way is to optimise its judicial governance bodies as a necessary element of ensuring accessible and fair justice. The national model of judicial governance resulted from the introduction of advanced European practices into the national legal system in the organisation and functioning of such a body as the Judicial Council. However, the historical totalitarian past, peculiarities of the legal culture, and non-identity of political and social conditions influenced the result. As a result of numerous reforms, a hybrid model of the Judicial Council, which should be identified as dual, is functioning in Ukraine. The national experience of the functioning of judicial governance in crisis conditions demonstrated the vulnerability of such a model. This put the issue of implementing appropriate safeguards and guarantees to ensure stable and uninterrupted work of judicial governance on the agenda. Their discussion is a necessary step in developing scientific discussion about guarantees of judicial independence, an essential aspect of which is the effective functioning of judicial governance.
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