OPTIMISATION OF JUDICIAL GOVERNANCE IN UKRAINE AS A PREREQUISITE FOR THE STABILITY OF ITS COURT SYSTEM AFTER WAR

Abstract

Background: The conditions of the legal regime of martial law, introduced in Ukraine in response to Russia’s full-scale invasion, have ushered in a new legal framework that has reshaped the landscape for all state institutions and Ukrainian society. The judiciary, tasked with responding to new challenges, adapting to new living conditions, and charting a course for its future development, has found itself in a transformative position. The need to optimise the judicial system is becoming increasingly evident in Ukraine. The question arises of how to organise judicial authorities to effectively administer justice for the state, even amidst a severe lack of funds and personnel. The article attempts to forecast the prospects of optimisation of the judicial system of Ukraine, considering the national features of its model and the ongoing course of the war. We will focus on the optimisation of the judicial governance bodies responsible for upholding the independence of the judiciary and corresponding to the characteristics of the Judicial Council, whose institutional composition reflects Ukraine’s distinct model. In addition, in the lead-up to the imposition of martial law in Ukraine, the judicial governance bodies found themselves in a state of crisis, leading to dysfunctionality within this institution and demonstrating its vulnerabilities. It is essential to analyse the reasons that led to the negative consequences of the functioning of the judiciary, especially in the context of the war’s influence. This analysis is important in constructing legislative rules to prevent crisis phenomena in judicial governance and ensure its stable and continuous functioning. Methods: The author employed a range of research methods in this article, including the historical method, analysis methods and synthesis of information. Using actual empirical information facilitated proper argumentation of the author's conclusions. Results and Conclusions: It was concluded that the challenges caused by the war required a transformation of the political system in general and the judicial system in particular. One way is to optimise its judicial governance bodies as a necessary element of ensuring accessible and fair justice. The national model of judicial governance resulted from the introduction of advanced European practices into the national legal system in the organisation and functioning of such a body as the Judicial Council. However, the historical totalitarian past, peculiarities of the legal culture, and non-identity of political and social conditions influenced the result. As a result of numerous reforms, a hybrid model of the Judicial Council, which should be identified as dual, is functioning in Ukraine. The national experience of the functioning of judicial governance in crisis conditions demonstrated the vulnerability of such a model. This put the issue of implementing appropriate safeguards and guarantees to ensure stable and uninterrupted work of judicial governance on the agenda. Their discussion is a necessary step in developing scientific discussion about guarantees of judicial independence, an essential aspect of which is the effective functioning of judicial governance.