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PRESIDENTIAL DECREE OF UKRAINE

of May 20, 2015 No. 276/2015

About the Strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020

1. Approve the Strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020 it (is applied).

2. Take into consideration the Action plan approved by Council concerning judicial reform for realization of provisions of Strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020.

3. To the Cabinet of Ministers of Ukraine:

1) to determine the mechanism of implementation of the Action plan by realization of provisions of Strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020;

To inform 2) annually, till April 1, on condition of accomplishment of the Action plan on realization of provisions of Strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020.

4. This Decree becomes effective from the date of its publication.

President of Ukraine

P. Poroshenko

Approved by the Presidential decree of Ukraine of May 20, 2015 No. 276/2015

The strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020

1. General provisions

The sustainability strategy "Ukraine - 2020" determined the purpose, movement vectors, the road map, first-priority priorities and strategic indicators of defense, social and economic, organizational, political and legal conditions for formation and development of Ukraine.

Among first-priority reforms which need to be implemented special attention is paid to judicial reform which purpose is approval of such law and order which is based on the high level of legal culture in society, activities of all subjects of the public relations on the principles of supremacy of law and protection of human rights and freedoms, and in case of their violation - their fair recovery in reasonable time.

The judicial system of Ukraine and adjacent legal institutions exist for protection of the rights, freedoms and legitimate interests of man and citizen, the rights and legitimate interests of legal entities, interests of the state by timely, effective and fair permission of legal disputes on the basis of supremacy of law.

The fundamental principles of judicial reform are determined in this Strategy (further - Strategy).

Strategy establishes priorities of reforming of judicial authority - system of judicial system, legal proceedings and adjacent legal institutions both at the level of the constitutional changes, and at the level of implementation of first-priority urgent measures which will provide necessary positive shifts in functioning of the relevant legal institutions.

The detailed task list, the actions expected results and indicators of realization of implementation of reform of judicial system, legal proceedings and adjacent legal institutions contains in the Action plan on realization of provisions of Strategy of reforming of judicial system, legal proceedings and adjacent legal institutions for 2015-2020 approved by Council for questions of judicial reform.

As a result of realization of this Strategy the judicial system of Ukraine and adjacent legal institutions will work, being guided by the principle of supremacy of law, effective, productive and coordinated, will become accountable to citizens of Ukraine, free from any political impact and to conform to standards and the advanced practicians of the European Union.

2. Purposes and tasks of strategy

The purpose of Strategy is determination of priorities of reforming of system of judicial system, legal proceedings and adjacent legal institutions for practical realization of the principle of supremacy of law and ensuring functioning of judicial authority that answers public expectations of rather independent and fair trial, and also the European values and standards of human rights protection.

Tasks of Strategy are:

determination of circle of problems and determination of their reasons which need to be eliminated by reforming of judicial system, legal proceedings and adjacent legal institutions;

determination of the directions, actions and stages of reforming of judicial system, legal proceedings and adjacent legal institutions;

ensuring proper level of coordination and strategic planning of process of reforming;

determination of reference points for development of the corresponding action plan on strategy implementation, and also the expected results and indicators of realization of reform of system of judicial system, legal proceedings and adjacent legal institutions;

increase in degree of trust of society to judicial bodies and adjacent legal institutions.

3. Analysis of present condition of justice

The constitution of Ukraine proclaims Ukraine the constitutional state in which human rights and freedoms and their guarantees determine content and orientation of activities of the state. Approval and providing human rights and freedoms is the main obligation of the state. In Ukraine the principle of supremacy of law is recognized and is effective.

At the same time for today the justice system does not carry out the tasks set for it up to standard.

Major factors of such situation are:

low level of legal culture and legal consciousness of society;

prevalence of the corruption phenomena in the field of justice;

imperfection of human resources planning in system of judicial authority;

preserving factors of dependence of judges on executive and legislative branches of the power, in particular, availability of the constitutional provisions which constrain strengthening of independence of judges;

absolutization of the principle about distribution of jurisdiction of courts on all legal relationship, imperfection of procedural tools for protection of the rights and interests of persons, including undeveloped system of alternative methods of the dispute resolution;

imperfection of techniques of determination of optimum quantitative list of judges and the number of workers of offices of courts according to loading; disproportionate operational load on judges and workers of the office of courts and lack of mechanisms of operational equalization of load of judges that reduces quality of justice;

imperfection of budgetary planning and management in system of judicial authority and lack of single methodological approaches in planning of expenses of courts;

insufficient level of unity and sequence of court practice; absence or insufficient level of use of opportunities of modern information systems (electronic justice);

low level of publicity of the sphere of justice and trust to judicial system in general and to judges in particular.

The available systems of legal assistance also showed the insufficient functional capability, in particular:

discrepancy of the formal status of the lawyer to the actual conditions of implementation of lawyer activities, including imperfection of practical providing rights of the lawyer and guarantees of lawyer activities;

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