Towards Modern Challenges in Financing the Judiciary: Between Independence and Autonomy

Towards Modern Challenges in Financing the Judiciary: Between Independence and Autonomy

Kondratova Iryna, Korotenko Tetiana

An independent judiciary is the guarantor of a democratic state governed by the rule of law,which we strive to build in Ukraine. This independence is ensured, among other things, by a stable and sufficient funding of the national courts, which has become a significant challenge.The resolution of such issues has been sought in recent decades, but the problem of courtfinancing has become especially acute in the context of the economic crisis and the coronaviruspandemic, which occurred in 2020. This has led to somewhat hopeless feelings about thechosen way of forming the policy of Ukrainian courts financing and its implementation.Our study attempts to analyze certain aspects of the existing mechanism of financing thejudiciary in Ukraine, in particular, through the prism of financial support for judges andassistant judges during the coronavirus pandemic. The functions which they perform can beattributed to the main ones during the administration of justice. The authors propose theanalysis of the case on the protection of the right of assistant judges to a decent salary, whichlasted for years in all courts of the state. In connection with the coronavirus pandemic inUkraine, a law was passed reducing the salaries of judges, which is also analyzed in the article.The search for a new, more modern approach to resolving the issue of a stable financialindependence of the judiciary will help to solve urgent problems and ensure a real ruleof law in Ukraine. In particular, our proposed approach to the formation of financialautonomy of the judiciary in Ukraine is suggested in this study.

2020

Judiciary, independence of the judiciary, access to justice during pandemic, covid justice, financing of the judiciary, financial autonomy of the courts

10.33327/AJEE-18-3.2-3-a000030

Access to Justice in Eastern Europe

VD Dakor

Law of Europe