The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine.How Ukraine Became a Market Economy and Democracy by Anders Åslund, Peterson Institute for International Economics, 2009, (page 245) Before this, there was no notion of judicial review nor any Supreme court since 1991's Ukrainian independenceState and Institution Building in Ukraine by Taras Kuzio, Robert Kravchuk, and Paul D'Anieri, Palgrave Macmillan, 1999, (page 105) when it started being slowly restructured.U.S. prosecutor tasked with selecting officers to oversee prosecutors' actions, Ukrainian Independent Information Agency (9 August 2016)
Although judicial independence exists in principle, there is little separation of juridical and political powers in practice. Judges are subjected to pressure from political and business interests.The Ukraine Competitiveness Report 2008 by Margareta Drzeniek Hanouz and Thierry Geiger, World Economic Forum, 2008, (page 50) Ukraine's court system is widely regarded as corrupt.Battle looming over new law on judiciary and judge status, Kyiv Post (July 4, 2010)
Although there are still problems with the performance of the system, it is considered to have been much improved since the last judicial reform introduced in 2016.Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice, Lexology (9 June 2016)Poroshenko signs law on High Council of Justice, Interfax-Ukraine (3 January 2017)
Courts Ukrainian courts enjoy legal, financial and constitutional freedom guaranteed by measures adopted in Ukrainian law in 2010.
The judicial system of Ukraine consists of three levels of courts of general jurisdiction.
Prior to the judicial reform introduced in 2016 the system consists of four levels.Ukraine , Magisters The Cassation Court of Ukraine existed until 2003.Law of Ukraine. About court system of Ukraine. Parliament website. Those courts were recognized as unconstitutional by the Constitutional Court of Ukraine.Decision of the Constitution Court of Ukraine. Case about the Cassation Court of Ukraine. Parliament website.
Local courts Ukraine has 74 district courts. In 2018 they replaced the 142 local general courts. For example, in Kyiv ten district courts were eliminated and six district courts created.
Courts of appeal Courts of Appeal (combining criminal and civil jurisdiction), consisting of: regional courts of appeal; courts of appeal of the cities of Kyiv.
Prior to the judicial reform introduced in 2016, there were parallel Specialized Courts of Appeal (either commercial or administrative jurisdiction) consisting of the commercial courts of appeal and the administrative courts of appeal.
The Constitutional Court of Ukraine The Constitutional Court of Ukraine is a special body with authority to assess whether legislative acts of the Parliament, President, Cabinet or Crimean Parliament are in line with the Constitution of Ukraine. This court also gives commentaries to certain norms of the constitution or laws of Ukraine (superior acts of Parliament).
The High Anti-Corruption Court The High Anti-Corruption Court of Ukraine is to be established before the end of 2018.Poroshenko submits bill on creating Anti-Corruption Court to High Judicial Council, Interfax-Ukraine (14 June 2018) Anticorruption court launched. The CPC claims to be "substituting" the appeal, Ukrayinska Pravda (13 June 2018)Ukraine's parliament eventually passes law on anti-corruption court, UNIAN (7 June 2018)Ukraine's Rada adopts bill on establishing High Anti-Corruption Court, UNIAN (21 June 2018) Cases concerning corruption in Ukraine will be bought directly to this court. Appeals will be considered by a completely separate Appeal Chamber of the High Anti-Corruption Court. Closed vertical. What is the Higher Anti-Corruption Court and why its creation is afraid of politics?, Ukrayinska Pravda (7 June 2018) The law on the High Anti-Corruption Court of Ukraine came into force on 14 June 2018.Law on High Anti-Corruption Court comes into force, Interfax-Ukraine (14 June 2018)
Abolished high courts with specialized jurisdiction In the judicial reform introduced in 2016 the following three courts were abolished and its tasks transferred to special chambers of the Supreme Court of Ukraine. The High Specialized Court on Civil and Criminal Cases, covering civil and criminal cases; The High Administrative Court of Ukraine, covering administrative cases; The High Commercial Court of Ukraine, covering commercial cases.
The rulings of the High (sometimes translated as Supreme) Administrative Court of Ukraine could not be appealed.
Officers
Judges In 2012 Ukraine had about 8,000 judges.In Ukraine, scales of justice often imbalanced, Kyiv Post (10 April 2012)
Since the juridical reform of 2016 judges are appointed by the President of Ukraine upon their nomination by the Supreme Council of Justice. Prior judges were appointed by presidential decree for a period of five years, after which the Ukrainian parliament confirmed them for life in an attempt to insulate them from politics. This five year probation period was also abolished in 2016. Judges are protected from dismissal (save in instances of gross misconduct). Immunity from prosecution was guaranteed to judges until 2016.Parliament rejects opposition bill to lift immunity of deputies and judges, Interfax-Ukraine (14 April 2013) (This immunity could be lifted by parliament.Rada authorizes arrest of fugitive judge Chaus, known for keeping bribes in glass jars, Ukrainian Independent Information Agency (6 September 2016)) Currently a judge is protected from liability resulting from their judicial actions only.
After judicial reforms, there was, effectively, a hiring freeze, which increased case backlog and caused a dearth of 2,600 judges, about a third of the judiciary, as they retired or were dismissed. In the later half of 2023, due to requirements of accession to the European Union, Ukraine re-opened two judicial governance bodies and sought to hire 1,100 judges over a period of months, and 2,000 judges over a period of years.
Prosecution
Lay assessors Ukraine has a jury system; A jury trial begins in Sheremet's case. We tell how he works in Ukraine, Ukrayinska Pravda (10 September 2020) although almost all cases are heard by either a single judge or two judges accompanied by assessors. In fact so few people in Ukraine face a jury trial that in 2018 survey by the Center for Civil Liberties, 64% of respondents claimed that such a phenomenon does not exist in Ukraine. Ukrainian law allows jurors to hear only those criminal cases where the sentence can reach life imprisonment. But even then they are not mandatory. A jury is only appointed if the accused so wishes. Jurors are not formed from random citizens, but rather from those who have previously applied for this role. Citizens are prohibited from joining a jury if: they do not speak Ukrainian elderly people over the age of 65 persons with chronic mental or other illnesses that interfere with the work of the jury persons with an outstanding criminal record persons people's deputies, members of the Cabinet of Ministers, judges, law enforcement and judicial officials, the military, other officials, lawyers, notaries persons who have received an administrative penalty for corruption in the previous year persons who are recognized as having limited legal capacity or incapable A Ukrainian jury is made up of five jurors (three main and two reserve) and two professional judges who are actively involved in decision-making. Jury in the Sheremet case: offshore, business and real estate in the occupied territories, The Ukrainian Week (16 September 2020)
Jurors are prohibited from communicating with anyone other than the court about the merits of the case without the permission of the presiding judge. They may not divulge details known to them or gather information about the case outside of the court proceedings. Jurors are financially compensated.
Administration The Congress of Judges () is the highest body of judicial self-government.Law of Ukraine on the Judicial System and Status of Judges. Article 123.
The Council of Judges is responsible for the enforcement of the decisions of the Congress and their implementation in the period between congresses, and decides on the convocation of the Congress.Law of Ukraine on the Judicial System and Status of Judges. Article 127.
The State Judicial Administration provides organizational support of the judiciary and represents the judiciary to the Cabinet of Ministers and the Verkhovna Rada.Law of Ukraine on the Judicial System and Status of Judges. Articles 145, 146.
The High Judicial Qualifications Commission of Ukraine conducts the selection of judicial candidates, submits to the High Council of Justice recommendations on the appointment of a candidate for the subsequent introduction of the submission of the President of Ukraine, makes recommendations on the election of a permanent post, and conducts disciplinary proceedings including dismissal.Law of Ukraine on the Judicial System and Status of Judges. Articles 90 et seq.
The High Council of Justice "is a collective independent body that is responsible for formation of the high-profile judge corpus capable of qualified, honest and impartial exercise of justice on a professional basis; and for making decisions regarding violations by judges and procurators of the requirements concerning their incompatibility and within the scope of their competence of their disciplinary responsibility". Three members of the council are automatically assigned for holding the following positions: Chairman of the Supreme Court, Minister of Justice, and Prosecutor General. The other 17 members are elected for a period of six years. The council consists of 20 members. It was created on January 15, 1998.The law of the Supreme Council of Justice (Verkhovna Rada website)
Law The 2010 Judicial System and Status of Judges Act is the legal basis for the organization of the judiciary and the administration of justice in Ukraine.LAW OF UKRAINE On the Judicial System and Status of Judges. Law from 07.07.2010 № 2453-VI. Bulletin of the Verkhovna Rada of Ukraine (BVR), 2010, № 41-42, № 43, № 44-45, st.529.
Procedure Since January 1, 2010 it is allowed to hold court proceedings in Russian on mutual consent of parties. Citizens, who are unable to speak Ukrainian or Russian are allowed to use their native language or the services of a translator.Constitutional Court rules Russian, other languages can be used in Ukrainian courts, Kyiv Post (15 December 2011) З подачі "Регіонів" Рада дозволила російську у судах, Ukrayinska Pravda (23 June 2009) ЗМІ: Російська мова стала офіційною в українських судах , Novynar (29 July 2010) Російська мова стала офіційною в українських судах, forUm (29 July 2010)
Analysis and criticism
Corruption
A Ukrainian Ministry of Justice survey of Ukrainians in 2009 revealed that only 10 percent of respondents trusted the national court system. Less than 30 percent believed that it was possible to receive a fair trial in Ukraine.