Modernization experience of judicial policy post soviet countries
AbstractThe article analyzed the experience of implementing the policy of modernization of judicial systems in the states of the former Soviet Union as an example of the Republic of Georgia and the Republic of Kazakhstan. It is reveals some of the institutional and functional features, positive and negative effects of the existing models in these countries the judicial system. Considerable attention is paid to the disclosure threats to independence of judges and ways to overcome them in the course of judicial reforms. The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other postSoviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the modelspeakers of judges, the development of pretrial (mediation) and alternative (arbitration courts) forms of dispute resolution. The irrevocability of democratic transformations in Ukraine is inextricably linked with the strengthening of the judicial system, which can become a reliable guarantor of the rule of law and justice, and protect the constitutional rights and freedoms of citizens. The construction of a democratic rule of law, where the rights of a person and a citizen are securely assured, the rule of law is ensured, and the main democratic institutions are stably functioning, impossible without the creation of a strong and independent judiciary. Understanding and understanding this fundamental postulate and is intended to be the starting point in defining a strategy for judicial reform. Further democratization of the Ukrainian state should take place through the strengthening of the role of the judiciary, the provision of guarantees of independent, impartial, professional justice, which logically puts forward the issue of judicial reform as one of the priority places in the process of law-making and state-building in Ukraine.
Konstitutsionnyiy zakon №132 «O sudebnoy sisteme i statuse sudey Respubliki Kazahstan» (Constitutional Law №132 «On the Judicial System and Status of Judges of the Republic of Kazakhstan»). – Mode of accesa: http://online.zakon.kz/Document/?doc_id=1021164
Kontseptsiya pravovoy politiki Respubliki Kazahstan na period s 2010 do 2020 gg. (Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020.). – Mode of accesa: http://www.kazemb.kg/index.php?id=91
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