ELIMINATION OF HIGH SPECIALIZED COURTS AS A PART OF THE JUDICIAL SYSTEM: ISSUES AND SOLUTIONS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article is devoted to the issue of further existence of high specialized courts due to an active discussion of the new rules in the draft Constitution of Ukraine. It provides for the possibility of higher courts with the lack of mandatory imperative their presence in the judicial system of Ukraine after the adoption of this regulation. The author highlights the position of the European Commission for Democracy through Law and examines this issue in terms of international experience and its own position. The article comprehensively describes in detail the need for elimination of the high specialized courts because of the large cumbersome of judiciary that is not justified and which only leads to the continuation of the resolving cases process. The author represents judiciaries of US, Canada, Japan, France, Italy, Germany, Austria etc. as fine examples of construction a specified hierarchy and the number of courts in state. Pattern definition between unitary and federal states is also shown, so that it allows to justify existing systems in these states. A considerable number of European countries are, actually, the proof that the three-stage judiciary in unitary states implement the tasks assigned to the judiciary authority properly without procedural drawbacks. Arguments of supporters of the current four-stage system are also provided with the fully covered author’s counterarguments. Thus, it is shown that the author is firmly of the opinion of elimination the high court’s branch out of judiciary and stands for the presentation of the judicial system of Ukraine as the one including the local courts, appeal courts and the Supreme Court of Ukraine.
Authors and Affiliations
Н. І. Ярема
Keywords
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