DOI 10.37749/2308-9636-2021-3(219)-1

Orel L. V. Achievement and problems of modern civilian science and practice on judicial reform.

The judiciary has lost confidence in the population of Ukraine. This is also confirmed by the statistics of the European Court of Human Rights, as Ukraine ranks one of the first countries in the Council of Europe in the number of applications pending before it.

Hopes for a solution to Ukraine’s courts have given citizens judicial reform, which began several years ago and was to renew the judiciary at the expense of «new faces», people from outside the judiciary, including academics and lawyers. The entry of scholars into the judiciary should also have contributed to the improvement of judicial practice and the creation of clear legal positions on a national scale, if they had passed to the Civil Court of Cassation of the Supreme Court in the amount of at least 1/3 of the composition.37 scientists, including 8 doctors of law, have applied to participate in this competition. Of these, 16 scientists were not allowed to take the qualifying exams, then only 1 dropped out after the first exam (the results were published on the same day, the works were checked in the presence of observers and the press). However, as many as 12 scientists dropped out immediately after the second exam: all doctors of science who applied for the positions of judges of the Civil Court of Cassation were eliminated. The process of evaluating the works was delayed, the results were published only after 37 days, which gives grounds to doubt the objective selection of candidates.The Civil Court of Cassation did not include any doctor of sciences as an independent scientist in the new Supreme Court. The hope for a fundamental change in the system in terms of civil justice relied on only 3 people from science (candidates of science), 2 lawyers, the remaining 25 – judges from the old system. It is hard to believe that new people in the judiciary with 5 votes, who are in the minority, can radically change civil jurisprudence.

Key words: judicial reform, civil science, Supreme Court, Civil Court of Cassation.



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