Ukrainian Justice on the Path to the EU - An Analysis of Challenges Through the Lens of the ECHR

Юридична Газета

The rule of law is a key principle of a democratic state and one of the three Copenhagen Criteria that determine whether a state may join the European Union.

Within the framework of cooperation in the areas of justice, freedom, and security, the Parties to the Association Agreement between Ukraine and the European Union attach particular importance to the establishment of the rule of law as a fundamental principle of a democratic state. Effective protection of human rights and freedoms from abuses by the legislative and executive branches of power, as well as from other violations, along with the affirmation of the principles of the rule of law, is only possible under conditions of a strong, independent, and impartial judiciary. In a civilized society, the court occupies a central place in ensuring the rule of law as one of the fundamental principles of a democratic state. It is the court that embodies justice and places the final point in the search for and affirmation of true law.

The effective enforcement of court decisions is an inseparable component of the legal system of any state. In Ukraine, despite the legislative reforms carried out and the establishment of new institutions, the problem of enforcement of decisions remains relevant. The low effectiveness of enforcement of court decisions, in particular due to the operation of moratoriums, becomes an obstacle to the restoration of the rights and freedoms of citizens and businesses, and consequently to the affirmation of the rule of law and the building of a democratic state.