PRESIDENTIAL DECREE OF UKRAINE

of May 10, 2006 No. 361/2006

About the Concept of enhancement of legal case for approval of fair trial in Ukraine according to the European standards

For the purpose of approval in Ukraine of supremacy of law and introduction of the European standards in national system of the judicial device and legal proceedings I decide:

Approve the Concept of enhancement of legal case for approval of fair trial in Ukraine according to the European standards it (is applied).

Approved by the Presidential decree of Ukraine of May 10, 2006 No. 361/2006

The concept of enhancement of legal case for approval of fair trial in Ukraine according to the European standards

Section 1. Purpose and task of the Concept

The purpose of the Concept of enhancement of legal case for approval of fair trial in Ukraine according to the European standards (further - the Concept) is ensuring formation in Ukraine of legal case as the single system of the judicial device and legal proceedings functioning on the principles of supremacy of law according to the European standards and guaranteeing the right of the personality to fair trial.

The Concept tasks following from its purpose are:

creation of purposeful, evidence-based methodological basis of development of justice in Ukraine for the next ten years;

determination of ways of enhancement of the legislation in this sphere;

elimination of the negative tendencies taking place owing to inconsistency of implementation of the previous judicial reform;

ensuring available and fair legal proceedings, transparency in activity of the courts, optimizations of system of courts of law;

strengthening of guarantees of independence of judges;

high-quality increase in professional level of the judicial case;

increase in the status of judges in society;

significant improvement of conditions of professional activity of judges;

radical improvement of condition of execution of judgments;

creation of opportunities for development of alternative (extrajudicial) methods of resolution of disputes.

Judicial reform in Ukraine it is begun at the time of receipt of the state independence. The main goal at that time was in approving judicial authority as independent branch of the power within system of separation of the power in democratic society. Despite positive achievements on this way, process of formation of independent legal case in Ukraine was characterized by inconsistency and inconsistency. Were shown conservatism in approaches to reforming and insufficiently accurate vision of that what shall be judicial system in the state which is guided by supremacy of law. Under such circumstances for this time the Ukrainian courts did not become efficient institute of human rights protection yet, the level of credibility to them from society remains extremely low. Are the main reasons of such condition:

1. Lack of the system and approved vision of further implementation of judicial reform.

The concept of judicial and legal reform of 1992, having played important role in formation of judicial authority in Ukraine, practically lost value of the program document after adoption of the Constitution of Ukraine of 1996 though some provisions of the Concept still long time kept the relevance.

In the Constitution of Ukraine justice system it is outlined in general view, only the principles of its organization and activities are determined. With respect thereto there is imperative need in development and legislative fixing of accurate and system vision of strategy of reforming of justice.

2. Discrepancy of system of courts of law to requirements of the Constitution of Ukraine, to types and stages of legal proceedings.

The existing system of courts of law not fully answers the constitutional principles of the organization of justice. Irrational creation of system of legal agencies and distribution of jurisdiction between them quite often lead to consideration of dispute by different courts of one level and unfair restriction of the right to appeal of judgments in separate categories of cases. Still the formation of complete system of administrative courts which obligation is protection of the rights and personal freedoms in its relations with subjects of powers of authority is not completed.

3. Incompleteness of reform of procedural law.

Fair legal proceedings and proper protection of human rights and freedoms are possible only in the presence of the committed procedural legislation. However legal regulation of criminal trial in Ukraine remains not reformed from Soviet period: The code of penal procedure of Ukraine of 1960, despite some updating, does not meet the requirements of human rights protection according to the European standards.

Economic courts consider disputes over the rules which are not answering to current trends of development of civil legal proceedings.

Despite approval of the Code of administrative legal proceedings of Ukraine, the law on ministerial procedures where standards of the relations of the personality with authority (official) which observance administrative courts shall check would be determined is still not adopted.

4. Congestion of courts and insufficient transparency of their activities.

Because of imperfection of judicial processes, and also not always justified expansion of competence of the courts, in particular on consideration of questions of so-called administrative offenses, judges have no opportunity timely and qualitatively to consider cases.

Quite often courts return actions for declaration unreasonably, judges hesitate with hearing of cases and decide judgments outside reasonable times. The accurate mechanism of responsibility of courts for red tape by hearing of cases, and also judges for unqualified implementation of judicial functions is not developed. Established judicial posts between courts are irrationally distributed that is the reason of congestion of one courts and nedogruzhennost of others.

Lack of effective system of legal assistance, in particular free for needy, significantly interferes with access to justice.

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