Khotynska-Nor O. Theoretical and Legal Praxeological Provisions for Judicial Reform in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0517U000312

Applicant for

Specialization

  • 12.00.10 - Судоустрій; прокуратура та адвокатура

27-04-2017

Specialized Academic Board

Д. 26.001.05

Essay

The thesis is devoted to scientific investigation of theoretical and practical provisions of reforming Ukrainian judicial system, which caused the necessity to clarify the essence of the judicial reform, methodology of its realization, consistent patterns and peculiarities of this process, historical development of the judicial system and the impact of international standards on this process, as well as the investigation of the judicial reform significance in the mechanism of forming civil society. The author proposed to determine the judicial reform as a component of state policy foreseeing planned purposive changes (transformations) in the state judicial system produced by authorities in order to upgrade its functioning, caused by the necessity to adapt the judicial system to changeable conditions of external and internal environment, implemented according to strategy chosen by politicians, and requiring relevant resource support. In an ideal scenario, the judicial reform shall be implemented with the observance of principles of purpose, price, means, stability, alternatives, liability and legal guarantees. It also shall correspond to such requirements as progressivity, predictability, dedication, scientific justification, flexibility, motivation, consistency, coherence and irreversibility. Besides, the judicial reform shall be provided with information, economically feasible, socially justified and politically coordinated. The significance of the judicial reform in providing the judicial system stability was clarified.

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