A Constitutional Judicial Reform: Problems and Perspective

The article is attempted to constitutional and legal analysis of the constitutional judicial reform, approved by the Parliament of Ukraine June 2, 2016. The author is well aware that its full implementation is not easy and largely depends on the Verkhovna Rada of Ukraine which adopted laws to implement the whole progressive ideas of constitutional judicial reform. These author is talking about: de-politicization of the procedure for forming the judiciary and the authority responsible for this process, increasing age and professional qualifications for candidates for the position of judge, the introduction of competitive principle of appointment of judges, limiting the immunity of judges to the functional, providing guarantees for funding and protection professional interests of judges, a significant change in the legal status of the prosecution in Ukraine, which brought to international and European standards, and, finally, the introduction of the individual constitutional complaint. Meanwhile, the researcher says, the reform contains a series of conceptual stories that at least raise questions and generate discussion. First of all it is an uncertainty of the place of the Constitutional Court of Ukraine in the higher echelons of power. Thus, the reform distinguishes
the Constitutional Court of Ukraine as a separate and distinct from the institution of the courts, which to some extent is somewhat revives the forgotten concept of «control and supervision» branch.The Constitutional Court of Ukraine has lost authority to the official interpretation of laws of Ukraine, but he lost his title «sole body of constitutional jurisdiction», which is not yet fully understood. We have to say that its constitutional powers expanded. It is astonishing that Advocacy has a monopoly position. The introduction of the individual constitutional complaint, rather than constitutional appeal at first glance appears to be extremely positive. «Filters» which are established by the Constitution of Ukraine, can turn democratic potential of this institution
into an unattainable dream.