Diagnosis of Judicial Reform: Stagnation

For Ukraine, which in fact has not experienced a systemic reform of the judiciary, this problem is extremely pressing since its third branch of power, contrary to European Council requirements, is still financially dependent on the Ministry of Justice. Meanwhile, the latter is supposed to represent in court the interests of the President and the government, i.e., to be an interested party in making judgments. This is just one aspect of the retained governmental system of court dependence on the state.

According to Volodymyr Stefaniuk, Deputy Head of the High Court of Ukraine there is a paradox that a new status of democratic institutions in our country is being determined by obsolete procedural legislation. As a result, constitutional norms are condemned to a five-year wait until they come into force.

Experts opinions

“The judicial power in Ukraine will never become free and honest unless the state finances it properly,” said Viktor Shyshkin, People‘s Deputy and former Prosecutor General of Ukraine. He added, “Given that courts today do not receive money even for maintenance of premises and buying stationary along with necessary technical equipment, the judges are compelled to look for ‘sponsors’ eager to help the court. And, of course, they become dependent on their benefactors.

“Should the owner of a firm helping a court to repair its building for free get in trouble with the law, the court will do its best just to discharge him. I personally know some judges in Odesa who had to beg their ‘friends’ for light-bulbs to light their court buildings.”

According to Mr. Shyshkin, today a judge with over ten years experience receives up to Hr 250 salary per month. Moreover, there are 1 to 1.5 month salary arrears wages in some Eastern regions.

Oleh Lytvak, People’s Deputy of Ukraine agrees with Viktor Shyshkin: “Insufficient court financing along with low salaries of judges lead to the corruption of the judicial system of Ukraine.”