Salenko O. Harmonization of Ukrainian Legislation on Judiciary and Status of Judges with International Standards.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004534

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

15-09-2015

Specialized Academic Board

Д 26.001.05

Taras Shevchenko National University of Kyiv

Essay

While realizing European choice of a state, it is necessary to have political will to approve and to implement international standards, principles and norms of international law in the domestic practice, which are aimed at upgrading the domestic system of legislation, rise of its efficiency, transparency and accessibility. An important step in this direction is represented by the adoption of a range of normative and legal acts of high juridical power. Their analysis lets conclude that a part of recommendations of international experts and institutions on the judiciary and the status of judges are taken into account. However, it is obvious that the improvement of the domestic justice system and bringing the national legislation into compliance with generally recognized international standards must be based on the changes of constitutional provisions, which primarily foresees making amendments to the Constitution of Ukraine and later - the reformation of normative and legal acts of the juridical power. The thesis is devoted to the elaboration of theoretical provisions and practical recommendations as for upgrading the national system on the judiciary and the status of judges on the basis of the national legislation on the judiciary and the status of judges with respect to its correspondence to international standards in this sphere taking into account renewed national legislative basis. The author determined universal tools of bringing the national system on the judiciary and the status of judges into compliance with international standards, investigated the contents of international standards in the sphere of the judiciary and the status of judges, formulated the criteria of classification of the noted standards and held their systematization.

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