Article | Judicial Reform: Experience of the Republic of Moldova |
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Authors |
VIKTOR MIKU, ANDRII BUTYRSKYI
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2018 |
Pages | 47 - 57 |
Annotation | Currently Ukraine is passing through the most painful stage of the judicial reform, in particular, a significant number of courts are liquidated and this may lead to the dismissal of judges as well as the staff of liquidated courts. Unfortunately, we have to acknowledge that there is no clear-cut model to be followed for liquidating the courts, and there are no established timelines and no provisions as to what will happen to the judges of the liquidated courts etc. For the purpose of implementing such an important and large-scale reform as the judicial reform, it would be expedient to study the experience of neighboring countries. One of such countries is the Republic of Moldova, which has already made significant progress in implementing the judicial reform, while Ukraine is only at the beginning of this path. The purpose of the article is to determine the main provisions of the judicial reform in the Republic of Moldova and to develop practical recommendations for adapting the positive experience of this reform for Ukraine. The authors study the course of the judicial reform in the Republic of Moldova and highlight its positive and negative aspects. It was commenced in 2009 but did not bring the desired results, and therefore in 2016 this country has once again initiated the judicial reform targeted at a radical change of the entire judicial system. The article describes the role of the Higher Magistrates Council in this process. As demonstrated by the analysis of the judicial reform in the Republic of Moldova, the same reform held in Ukraine faces similar challenges. The country’s experience has shown that a judicial reform should be implemented in a comprehensive manner, with sufficient attention given to all of the elements of such a reform. The authors establish that, given the Republic of Moldova’s experience of reformation of the judicial system, Ukraine first of all needs to set the time frame within which the operation of liquidated courts is terminated and the newly established courts are launched. This issue directly relates to the transfer of judges and staff of the liquidated courts to the newly established courts. And such a transfer should be made automatically, if possible. The authors emphasize that it would be expedient if the State Judicial Administration of Ukraine could develop respective legal and regulatory framework for termination of operation of liquidated courts in practice. The authors also note that it is necessary to ensure that citizens are properly informed about changes in the rules of jurisdiction in localities where courts have been consolidated. |
Keywords | judicial reform; court; Republic of Moldova; optimization of courts; liquidation of courts; Higher Magistrates Council of the Republic of Moldova |
References |
List of legal documents
Legislation
Authored books
14. Tenase A, ‘Reforma yustitsii: chto zhdet sudey i grazhdan Moldovy’ [‘Justice Reform: What Awaits the Judges and Citizens of Moldova’] (Sputnik Moldovy, 30 yanvarya 2018 g.)
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