August 18, 2015
On August 13, Partner of WTS Consulting Maxim Oleksiyuk took part in the meeting-discussion of the presentation of draft amendments to the Constitution of Ukraine in the part of justice.
The meeting was held in the Ukrainian house with support of Ukrainian Bar Association and was organized by the working group on justice of the Constitutional Commission.
During the discussion Maxim pointed that such amendments preview the establishment of hermetic judicial system in which the judges would be elected by the judges. Thus, the judicial authority gets no legitimization from the source of authority – the people, which is the violation of the democracy in principle. Resolving the issues on independence of the justice from other branches of authority, amendments proposed go further and at the same time make the judicial system “independent” from the people and the common sense, because exactly the judges themselves will estimate the quality of judging, professionalism and purity of the judicial ermine that, obviously, would lead to the most significant degradation of the system. Proposed amendments do not only preview the reforming of judicial system, but mothball the existing one, creating hermetic class of judges being beyond the control of the people.
The absence of the draft amendments in free access raised concern in the audience that creates the risk of repeating the scenery with previous amendments, the text of which became known only after the voting on taking to the Constitutional Court. The inaccessibility of the text of proposed amendments for the common public considering is antidemocratic and sets for its nonacceptance from the beginning.