Raising Themis, goddess of justice

Concept of judicial reform formulated

Judicial reform started being discussed 15 years ago, as soon as Ukraine won its independence. True, the matter did not go beyond talk. Meanwhile, problems continued to snowball. “In 2000 there were two million cases in the Ukrainian courts; in 2005 there were six million, yet the number of judges remained the same. This means that every month every judge has 140-150 cases to plow through. There are over 60,000 case files stacked up in the corridors of the Civil Chamber, because there’s no place for them. Ukrainian citizens have actually lost their right to file appeals because no one knows when a judge will get around to handling them,” said Vasyl Onopenko, chairman of the Parliamentary Committee on Legal Policy, describing the situation at a Feb. 14 meeting of the National Commission to Strengthen Democracy and Affirm Rule of Law. The meeting, dedicated to the judicial reform, was attended by President Yushchenko and officials representing all government branches.

The official title of the judicial reform is long and complicated: “The Concept of Improving the Judicial System and Securing Fair Legal Proceedings in Ukraine in Pursuance of European Standards.” However, the president formulated its meaning simply: “Returning justice to the courtroom.”

During the discussion it transpired that the reformists are faced with a staggering amount of work. “We hope to God we’ll be able to do it in the next 10 years,” said Justice Minister Serhiy Holovaty. Criminal proceedings must be completely reformed, judges’ status must be raised, judicial manpower must be increased, and the system, structure, and functions of the courts finalized.

The judicial manpower issue is probably the most acute. “Here you have to start from kindergarten,” said in all seriousness Viktor Shyshkin, a member of the commission and ex-Prosecutor General of Ukraine. He added that the manpower selection system must be transparent. A person claiming the status of a judge must have a Master of Arts degree. According to the proposed changes, judges will be certified by a special board of experts. It is further proposed to set up disciplinary commissions and appoint court inspectors, who will check citizens’ complaints against judges. Figuratively speaking, they will act as judges of the judges. “You cannot have a lot of rights without great responsibilities,” Shyshkin pointed out. “A number of judges have become too free of the law,” Onopenko said, commenting on this innovation.

Commission members also admit the possibility that judges will not be overly enthusiastic about the “radical and revolutionizing change.” As the president’s judicial advisor Mykola Poludenny pointed out, “Judicial power is conservative. Some clauses are meeting with resistance from judges.”

To all appearances the head of state is not afraid of hardships and the possibility that the reforms will be sabotaged. He declared that he is prepared to fight for this document “not just in the political sense,” and urged the participants of the meeting to follow suit. “A number of governments that undertook this reform had to resign... It is not a sweet topic where you can earn a lot; it’s an acute topic. However, if we are concerned for Ukrainian interests in principle, the document tabled should consolidate us,” President Yushchenko said. “This work has been undertaken many times before. Perhaps many have given up. I won’t and I would ask each of you not to give up.”

An edict confirming the concept is expected to be signed after March 31. Until then the draft concept will be examined by EU experts, posted on the justice ministry’s Web site, with copies forwarded to courts on various levels.

The Ukrainian government is not alone in championing judicial reform. During his last visit to Ukraine the prominent financier George Soros announced that he is prepared to provide a sum of money to implement the reform, which will far exceed the Renaissance Foundation’s annual budget of approximately five million dollars.

It looks as though the Ukrainian courts will not escape the reform after all.