Disclosing the problem, the author dwells on such matters as the doctrine guidelines for comprehensive judicial reform as a part of the implementing process of the constitutional legitimacy principles.

                 The article is devoted to the study of relevant issues of ensuring the efficiency and the independence of the judiciary and the need to form a scientifically sound, free of subjective preferences, the concept of the development of the judicial system.

                 The article argues that the result of so-called “judicial reforms” the last decade is unbalancing and distorting for the national judiciary.

                 In addition, emphasis that was placed on the law protection in the state of law, which Ukraine strives to, should begin at the constitutional level – with the protection of the Constitution itself and the implementation of the constitutional legality principles.

                 The main task of judicial reform in the doctrine is the maximum reduction of administrative and bureaucratic influence on the judiciary and a significant strengthening of the control of the judiciary to the constituent and controlling power of people and its representative organs.

                 Among the important factors in ensuring the efficiency of the judicial system, the article identifies the legitimate and full representation of civil society and its institutions in the judicial process, in particular people’s assessors and jurors as well as the standardization of judges and remuneration, which would stimulate professional development of judges.

                 The article argues for the need to simplify the judicial system, as well as the need to restore the military justice system. The article rationale the reason of envisaging sound and solid transitional justice and complex reform of law enforcement system and consistent realization of a number of reforms in different spheres (reform of investigation, reform of constitutional justice, reform of courts of general jurisdiction, reform of prosecutor’s office, etc.), synchronizing them with other types of judicial simultaneous coordination with parliamentary, administrative and municipal reforms. It is concluded that only a systemic comprehensive approach to the reform of the judiciary in Ukraine can be considered truly scientifically sound, and this is the approach that should guide the legislator’s legal doctrine of Ukraine.

Bibliography

Edited books

1. Kistjakovskij B, Filosofija i sociologija prava (sost, primech, ukaz V Sapova, RHGI 1999) (in Russian).

2. Prytyka D, ‘Stvorennia naukovo obgruntovanoi systemy pravosuddia’ v Sviatotskyi O (vidp red), Vlada v Ukraini: shliakhy do efektyvnosti (In Yure 2010) (in Ukrainian).

Conference papers

3. Viiskove pravosuddia v Ukraini: aktualni problemy orhanizatsii ta zdiisnennia: materialy Kruhloho stolu (Iurydychna dumka 2017) (in Ukrainian).

Newspaper articles

4. Shemshuchenko Yu, Yushchyk O, ‘Konstytutsiina zakonnist yak vyznachalna zasada publichnoi vlady’ (2010) 21 Yurydychnyi visnyk Ukrainy 6 (in Ukrainian).

5. Yushchyk O, ‘Kryza vlady chy vlada kryzy?’ Holos Ukrainy (2020) 1 hrudnia (in Ukrainian).

6. Yushchyk O, ‘Rozrubaty hordiiv vuzol’ Holos Ukrainy (2020) 7 zhovtnia (in Ukrainian).