The Act on Recovery of Trust to Justice in Ukraine

Abstract

The current problems in the system of the legal proceedings’ realization in Ukraine within the last years led to the reduction of citizens’ trust to Justice. This was also caused by the downright using of courts by the authorities as an instrument of suppression of the mass protests of citizens within the period from 21 November 2013 to 22 February 2014. The need to take the effective measures directed on the increase of society’s trust to the judicial authority was stated by Nils Muižnieks, Council of Europe Commissioner for Human Rights, in the report following his visit to Ukraine from 4 to 10 February 2014, with simultaneous emphasis on needing to introduce the appropriate mechanisms to ensure of the judges’ independence from outside influence, especially at trial cases that have the resonance in society. Consultative Council of European Judges Opinion №1 (2001) emphasizes that not merely the parties to any particular dispute, but society as a whole must be able to trust the judiciary. A judge must thus not merely be free in fact from any inappropriate connection, bias or influence, he or she must be also appear to a reasonable observer be free therefrom. Otherwise, confidence in the independence of the judiciary may be undermined (paragraph 12).