Another Front: The Reality of Judicial Independence In Ukraine

Abstract Whilst judicial reform in a warzone must be nigh impossible, incredibly, Ukraine is working on it anyway with a hope and a view to a brighter future with membership of the European Union. Judging from judicial independence in law ( de jure ), Ukraine appears to be on-track for membership following its work with the Council of Europe’s Venice Commission. However, an analysis of the reality ( de facto ) of judicial independence in Ukraine tells a different story. This article discusses the current situation, reforms, systemic problems within the Judiciary including corruption, independence versus accountability, and judicial culture, training and funding, and problems inherent in the court system and governance bodies such as the enforcement of court decisions and reforms of the Supreme Court, the Constitutional Court, the High Council of Justice, and the High Qualifications Commission of Judges. Then external monitoring and influence is described before potential solutions are suggested.