Adaptation Of The Legislation On The Judicial System And The Status Of Judges To European Standards Based On An Analysis Of The Application Of The Practice Of The ECHR
Keywords:
adaptation, harmonization, ECHR practice, the judiciary, the principles of justice, reform of the judiciary.Abstract
Article deals with the analysis of the process of legal adaptation of legislation on judicial system and status of judges to the European standards according to the relevant reformation processes that currently take place in Ukraine. The paper mainly focuses on the practice of the ECHR as one of the main sources of European standards of justice. The key decisions of the ECHR, which deal with problems of the judiciary in Ukraine and the need for its reform are analyzed by the author.
The author concludes that future European integration of Ukraine should include the perception and application of the judicial system of the case law of the ECHR, as well as the improvement of the practice of implementation and execution of decisions of the ECHR in order to establish Ukraine as a law state with a high level of protection of human rights and freedoms, and the formation of a qualitatively different understanding and application of law. So far, the judiciary system is facing a «permanent reformation», which results in frequent legislative updates, numerous conceptual, legal and organizational changes, declaring the need to bring the area of justice into line with international, European standards.
