Anti-Corruption Court: To Execute Impossible to Pardon

September 29, 2017

The court system is largely disoriented and demoralised. It is hard to predict the results of its next modernisation in the sense of its ability to bring all of its segments together to properly administer fair justice. Today, the expert and political community is awaiting the «finalising» of assembly of the new Supreme Court and the determination of prospects for creating the anti-corruption court, especially, methods and ways this issue is to be solved.

The anti-corruption court (either as High Court or a system of courts, or through specialisation of judges) has to be created, no matter how controversial this issue might be. First of all, the Law of Ukraine On the Judiciary and Status of Judges not only announced the existence of such court, but also (in the transitional provisions — p.16) defined the conditions for its creation and provisions for the competition to fill the positions of judges.

Second, despite the claims that the National Anti-Corruption Bureau (NABU) and Specialised Anti-Corruption Prosecutor’s Office (SAPO) make regarding courts lacking motivation to fight corruption, it is a fact that there are other reasons for courts’ inactivity in consideration of anti-corruption cases.

A lot of courts are left without judges. There are even more understaffed courts with only several judges, whose case load is far too heavy, as they are required by law to review each case in due timeframe.

Of course, not all judges are conscientious, and the same goes for other parties to the process. 

Third, and, possibly, the key factor: corruption must be fought, genuinely. Especially, «the top layer». In the situation, where the corruption search campaign across all levels of the government triad has brought Ukraine to the top of corrupt states list, and the judiciary is consistently and deliberately deprived of the lion’s share of public trust, the creation of a specialised anti-corruption court will bring the fight against corruption into a practical stage.

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Viktor Musiyaka

Research Fellow

Born in 1946 in Mykolaiv region. Graduated from Kharkiv Law Institute in 1973. Scholar, prominent politician, honored lawyer of Ukraine, professor at the National University of "Kyiv-Mohyla Academy", co-author of the Constitution of Ukraine.

In 2015 Viktor Musiyaka was honoured with the Yaroslav the Wise Award for outstanding achievements in legislative, judicial and law enforcement activities.