Judicial reform in Ukraine: the certainty of a categorical apparatus

Abstract

The article highlights normative-legal and theoretical-methodological approaches to understanding the legal categories and concepts of judicial reform in Ukraine.
 It is established that the judicial reform, first of all, needs appropriate scientific support, in particular with regard to the clear definition of its subject and the development of a conceptual and categorical apparatus, given the lack of a clear regulatory and legal definition of a number of important terms, primarily such as «judicial system», «judicial authority», «justice system», «judiciary», which are repeatedly used in the development of relevant reformation provisions.
 The purpose of the article is to establish the concept of the relationship of legal categories relevant to the judicial reform through the prism of legal analysis of normative-legal and theoretical-methodological approaches to their understanding and their further development.
 It is also established that the current legislation of Ukraine does not contain a normative legal definition of such definitions as «judiciary», «judicial authority», «judicial system», «justice», «justice system», even though it actively uses them, carrying out legal regulation of relations in the field of the judiciary and the status of judges. In scientific legal literature, these terms are sometimes used without specifying their definition, given the close connection between them and meaningful interdependence, forming a synonymous line from them. Simultaneously, to comply with the subject of reformation provisions to such criteria as logic, rationality and non-contradiction, the need to distinguish between these terms has been proven, having identified the appropriate criteria for such a distinction.
 According to the results of the legal analysis of legislative and doctrinal approaches to solving this problem, the expediency of recognizing the category «justice system» as a comprehensive legal category, which will include the judicial system and the systems of other legal institutions related to the judicial authority (Public prosecutor’s office, Bar, enforcement of decisions), which functionally ensure its implementation, is substantiated. It is proposed to rename Chapter VIII of the Constitution of Ukraine to the «Justice System», given that the administration of justice requires the proper organization of judicial power, its implementation by courts and ensure by specially authorized bodies and institutions, which in their totality and interrelationships constitute the justice system, which includes institutional, functional elements and organizational aspects.