Problems of reforming the domestic judicial system in the conditions of activation of european integration of Ukraine (theoretical and legal aspect)

Abstract

The article, from the standpoint of a general theoretical analysis, reveals the main requirements for reforming the legal basis of the functioning of the judicial system of Ukraine as a candidate for joining the European Union. In particular, the prospects for reforming the organizational and normative foundations of the functioning of the domestic judicial system, taking into account European legal standards, are highlighted.
 The problems of reforming the judicial system of Ukraine as a state that has the status of a candidate for joining the European Union are systematically covered. In particular, taking into account the standards of the interstate legal system of the European Union, the requirements of European partners for reforming the system of selection of candidates for the position of judges nominated by EU states before Ukraine are given. Based on the analysis of the expert conclusions of the Venice Commission on legislative initiatives in the field of functioning of the system of courts of general jurisdiction and the Constitutional Court in particular, the shortcomings of an organizational and legal nature regarding the implementation of a transparent procedure for the formation and functioning of institutions for the selection of judges are systematically outlined.
 Separate attention is focused on the development, adoption and implementation of norms regarding the clear regulation of the procedure for the preliminary selection of judges of the Constitutional Court of Ukraine on the basis of a full assessment of their integrity and professional skills. It is substantiated that the improvement of the quality of development, the speed of adoption and implementation of a complex of normative constructions new for the legal system of Ukraine on the regulation of the legal status of state bodies, which influence the formation of the judicial corps, will contribute to the acceleration of judicial reform in Ukraine. Ultimately, this will contribute to the acceleration of Ukraine's implementation, in particular, of the "Copenhagen criteria", as well as the implementation of EU standards in the sphere of ensuring democracy, establishing the rule of law, and protecting human rights. It was also noted that in the context of innovative changes in the legal system, which should be perceived as a guarantee of deepening the processes of European integration, improving the quality of work of government institutions and, in particular, courts is of primary importance.