ANTI-CORRUPTION COURT AS A NEW IDEA OF JUSTICE ESTABLISHMENT - Наукові конференції
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ANTI-CORRUPTION COURT AS A NEW IDEA OF JUSTICE ESTABLISHMENT

30.08.2019 19:57

[Секція 4. Кримінальне право. Кримінальне процесуальне право. Криміналістика. Кримінологія. Кримінально-виконавче право. Судоустрій. Правоохоронні органи, прокуратура та адвокатура]

Автор: Miakota Oksana Viktorivna, student of 4 year, Ternopil national economic university


Today, there are a number of problems and issues in particular in the legal field that need immediate resolution. This is manifested not only by the malfeasance of judges for the administration of justice, but also by their activities in the interests of particular groups of society. Therefore, in order to remedy the shortcomings of the judiciary, the new government of our state has introduced a number of bills aimed only at a fair trial for the protection of every citizen of our country from corruption and other state arbitrariness.

Actuality of theme. Bribery among public authorities, abuse of office, non-prosecution, pressure to make a judgment are all pressing issues that concern every Ukrainian. Therefore, in order to prevent and stop lawlessness and other criminal acts, the Law of Ukraine "On the Supreme Anticorruption Court of Ukraine" was adopted on 07.06.2018, the main task of which is to administer justice in accordance with the current legislation of Ukraine and to protect the individual, society and the state from corruption and related crimes and judicial control over the pre-trial investigation of these crimes, respect for the rights, freedoms and interests of persons in criminal proceedings.

Analysis of recent research and publications. The study of the creation and functioning of the Supreme Anticorruption Court of Ukraine in order to establish fair justice, for the fight against corruption, has repeatedly attracted the attention of such famous scientists as: Musinsky O.V., Banakh S.V., Rogatinskaya N.C., Bahin V.P., Boyarov V.I., Bartholomew T.V., Goncharenko V.G.

The purpose of this paper is to investigate the functioning of the anti-corruption court in the justice system, and to analyze both the benefits and disadvantages of such judicial reform in general.

Presenting main material. After going through over a thousand different amendments and discussions to eliminate and permanently close the issue of Ukrainian corruption, the new Supreme Anticorruption Court of Ukraine will finally begin its work on September 5, 2019. Thus, Ukrainian society will forever get rid of all those negative phenomena that have flourished among all branches of power of our state, including: bribery, political pressure, and other manifestations of influence for the purpose of illegal gain or gain of illegal income.

In my opinion, the main idea behind the creation of an anti-corruption court is to restore fair justice for all sections of society. In addition, the prevention, any manifestation of corruption, punishment of those who are involved in any corruption schemes and frauds, that is, those who steal the Ukrainian people and the state as a whole. All such crimes must be stopped and the perpetrators of the crimes punished. The rule of law, honesty, legality, professionalism, honesty, integrity, responsibility are all the main principles that the anti-corruption court of Ukraine must abide by.

Judicial reform should change the situation of citizens for the better and protect every person from the evils of arbitrariness and injustice. Therefore, the main function of the Anti-Corruption Court of Ukraine is to protect and restore, as it is necessary to restore justice and equality among all public servants.

In my opinion, the basis of the activity of the Supreme Anticorruption Court of Ukraine is that it is a permanently operating higher specialized court in the judicial system of Ukraine. The legal basis for the activity of the Supreme Anti-Corruption Court is the Constitution of Ukraine, the Law of Ukraine "On Judiciary and the Status of Judges", these and other laws of Ukraine, current international treaties, the consent of which has been given by the Verkhovna Rada of Ukraine [ 4, p. 2]. High Anticorruption Court: administers justice as a court of first and appellate instance in criminal proceedings concerning crimes within its jurisdiction (jurisdiction) by procedural law. Also, analyzes judicial statistics, examines and summarizes jurisprudence in criminal proceedings within its jurisdiction, informs the outcome of the case law synthesis of the Supreme Court and provides it with opinions on draft legislative acts.

Given the new changes and bills, the activities of the Anti-Corruption Court of Ukraine have both positive and negative sides. After all, the news about its creation, society has received ambiguous.

In my opinion, the advantages of creating a new body are:

- Destruction of corruption and restoration of justice;

- The introduction of a new body is an example of foreign experience and international law;

- Financial independence, which prevents corruption, and sets the judges of the new court only on the legal basis for doing business;

- Professionalism of court employees, their impartiality and independence according to the Law of Ukraine "On High Anticorruption Court";

- Established partnership and cooperation with the National Anti-Corruption Bureau of Ukraine and other bodies;

- Use of new tools and methods in the fight against corruption and related crimes.

In my opinion, the negative aspects of creating a new judiciary are:

- Indefinite clear jurisdiction;

- Amendments to the law of Ukraine and state the requirements of the employees of the new body;

- Appointment of the controlling body by activity, anti-corruption court of Ukraine;

Thus, the creation and functioning of a new body has more positive tendencies than negative ones. First of all, this is manifested in the fact that the new body is one of the steps of Ukraine's European integration to the new European space. The High Anticorruption Court is a court to get into which is not easy and there are special requirements and guarantees of their activity.

Strengthening the independence and independence of judges and the judiciary branches of power, restoring public trust, development of purposeful strategic planning and development of legislation all these are the prospects for the development of the newly formed body. The close interaction of the entire judicial corps, law enforcement agencies, are priorities that will help the Anticorruption Court to exercise its powers and functions. Professionalism and excellence in work is the basis of the activity of this body, which is aimed at building the entire judicial branch. Such benchmarks will help new judges to exercise their functions within the framework of law and law [ 5, p. 7-10] . Compliance with the principles of integrity in the administration of justice, public trust, the use of innovative technologies and the improvement of litigation are among the key principles and innovations that will serve the new court.

Therefore, in view of the above, it should be concluded that the Supreme Anticorruption Court is the last hope of the Ukrainian people for the establishment of justice and justice. Only such a body will be able to ensure that all members of society are fully compliant with the law and help to work closely with all law enforcement agencies that counteract various manifestations of corruption. All efforts of the new court should be aimed at the elimination of corruption, efficiency and integrity of the work performed, and proper functioning in accordance with the legislation of Ukraine. Thus, the Supreme Anticorruption Court of Ukraine is one of the leading ideas of establishing justice in our country, whose development prospects are quite high today, given the current realities and technologies.

References:

1. The Constitution of Ukraine –X,: Odyssey LLC, 2008. 48 p.

2. CRIMINAL PROCEDURAL CODE OF UKRAINE.-P .: GDP Notis LLC, 2018 - 336p.

3. Criminal process: textbook. SV Banakh, NZ Rogatinskaya, AM. Sarahman. - Ternopil: Econom. Opinion of TNEU, 2016.- 264 p.

4. On the Supreme Anticorruption Court of Ukraine: Law of Ukraine dated07.06.2018№24.URL:https://zakon.rada.gov.ua/laws/show/2447-19

5. JUDICIAL DEVELOPMENT STRATEGY IN UKRAINE FOR 20152020.URL:http://nsj.gov.ua/files/1467884108Стратегія%20розвитку%20суд07.pdf



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