The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine.[1] Before this there was no notion of judicial review nor any Supreme Court since 1991's Ukrainian independence.[2]
Although judicial independence exist in principle, in practise there is little separation of juridical and political powers. Judges are subjected to pressure by political and business interests.[3] Ukraine's court system is widely regarded as corrupt.[4] A Ukrainian Justice Ministry 2009 survey revealed that only 10 percent of respondents trusted the nation’s court system. Less than 30 percent believed that it’s still possible to get a fair trial.[5] Ukrainian politicians and analyst have described the system of justice in Ukraine as "rotten to the core"[5][6] and have complained about political pressure put on judges and corruption.[7][8][9][10][11][12] Ukrainian judges have been arrested while taking bribe.[13]
Court judges maintained a 99.5 percent conviction rate from 2005 till 2008, equal to the conviction rate of the Soviet Union.[5] Suspects are often incarcerated for long periods before trial.
Courts system
Ukraine's court system is widely regarded as corrupt. Ukrainian judges have been arrested while taking bribes.
Courts system of Ukraine
Courts in Ukraine are divided by jurisdiction including constitutional courts, general (criminal and civil jurisdiction) courts, economic courts, and administrative courts. There is also the Constitutional Court of Ukraine, the Supreme Court of Ukraine, Appellate Courts (in every Region oblast of Ukraine), and District Courts in every city, town, or raion (which is a subdivision of oblast). As well, there is the High Administrative Court of Ukraine, Local Administrative Courts in every administrative district, usually oblast, the High Economic Court of Ukraine, Local Economic Courts in every administrative district, usually oblast, and Military court in every Appellate Court in every regional oblast. There is also the Tertiary Court created in accordance to the law "On Tertiary Court" and registered in Ministry of Justice of Ukraine.
In order to become a judge in Ukraine, one must be 25 years old. Newly inducted judges are appointed by the President of Ukraine and serve for five years. Afterwards, judges are elected for life by the Parliament of Ukraine. Judges are not elected by the citizenry as practiced in many western countries. The judicial branch of power in Ukraine is not completely independent. To detain or arrest a judge, special permission by the Parliament of Ukraine is needed.[citation needed]
A judge shall not refer to political parties and trade unions, as well as participate in any political activity, have representative mandate, occupy any other paid posts, or do any other paid work except that which is scientific in nature, teaching or creative value. According to the law, a judge, while executing justice, shall follow the Constitution and the laws of Ukraine and shall ensure full, thorough and objective consideration of the cases adhering to the terms set by law. They are also obliged to take measures concerning prevention of unauthorized dissemination of the information the state and/or commercial entity considers secret or is confidential and became known to him/her in the process of doing official duties. Moreover, the Law requires a judge to refrain from the actions that defame a judge and may cause doubt that she/he is objective, as well as unprejudiced and independent.
The Law sets the system of guarantees of judge's professional activity which are necessary to approve unprejudiced and objective decisions. The Law guarantees to judges their personal immunity, secrecy of court decisions, legal protection, as well as material and social provision. The Law also prohibits any not envisaged by law interference in judge's activity concerning justice execution, detention or arrest of a judge without the consent of the Verkhovna Rada until bill of indictment concerning him/her is carried out by the court.
Law schools
Ukraine has taken steps to reform its education frameworks in consistence with the Bologna process. By the mid-2000s, Universities grant lower Bachelor of Laws degrees (about 3 years for full-time students and 4 years for part-time students) and higher Master of Laws degrees (about 5 years for full-time students and 6 years for part-time students). In the Soviet times, the only degree was Specialist, which is equivalent to a current Master's degree, and is now discontinued. The diploma is awarded by authorities of the State Examination Board of University. The University Diploma gives people the right to get involved in professional legal activities in Ukraine as a legal consultant. The only exception is for judges and attorneys who must take an additional state exam.
Lawyers and law firms
Law is practiced in Ukraine by jurists (legal consultants), awarded a diploma after graduation from university, and attorneys at law. Law offices are maintained by the Attorneys Associations who register it as a law firm in the Ministry of Justice, and are awarded state certification.
The Constitution of Ukraine defines an attorney's work as "securing the right for protection against accusation and provide legal assistance while considering cases in courts and other state bodies in Ukraine". In this case, the Law “On the Bar” defines the Bar as a voluntary professional public association.
An attorney in Ukraine can be a person who has higher legal education, stated by the diploma of Ukraine, or in line with the international treaties of Ukraine diploma of a foreign country, the work experience in the field of law no less than two years, fluent in the Language of the State, has passed a qualification exam, received a certificate entitling him to practice law, and taken the Ukrainian Oath of the Attorney.
The Law determines that attorneys cannot hold a previous conviction. The Law also stipulates that the attorney cannot work in court, a prosecutor's or state notary's office, bodies of internal affairs, security service, or state administration bodies.
In order to defend a person charged with criminal offense, an attorney must have a certificate entitling him to practice law (issued by Regional Qualification- Disciplinary Bar Commission) or a Power of Attorney letter. There are 25 Regional Qualifications- Disciplinary Bar Commissions in Ukraine: each in every Region (oblast) and one in the City of Kiev and the City of Sevastopol.
A list of Attorneys is kept and published by the Supreme Qualification Bar Commission of the Cabinet of Ministers of Ukraine.[8]
A list of law firms is kept and published on the official website of Ministry of Justice of Ukraine.
Criminal justice system
Criminal Investigations are carried out under official authority by law enforcement personnel such as the Police,[10] the tax police (tax militia) , Public Procurators (Public Prosecutors),[11] and the Security Service of Ukraine.[12]
In Ukraine and other civil law jurisdictions, the jury holds equal power to three professional judges. The jury and judges first consider the question of guilt. Then, if applicable, they consider the penalty to apply. Juries are only used for severe felony cases with a ten-year or higher sentence.
Prison system
The State Department of Ukraine for Enforcement of Sentences oversees the prison system of Ukraine.[13]
As of 2007, the total prison population in Ukraine was 240,000 people out of the 48 million population.
Prisons in Ukraine are classified as pre-trial or remand prisons (SIZO), high security prisons, medium security prisons, and low security prisons.
Those who are charged with criminal offenses which entail sentencing for three years or more are arrested and held before trial in investigative isolaton during the period of criminal investigation and after sentencing is moved to the prison as indicated by the courts in the sentencing decision. Bail is rarely used by courts in Ukraine.