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Міжнародна науково-практична конференція 30.05.19 - СЕКЦІЯ №2
Legislative and public institutional reforms are of upmost importance in a transitional economy that carries out comprehensive reforms in various areas of government policies. Effective legislative processes are one of the major factors of state’s competitiveness and a prerequisite for economic stability in any nation. The effectiveness of the legislative arm of government shapes the policy of the state in various spheres creating the presence of professionalism, efficiency and accountable system for the public institutions. Reforms in the legislative arm reduce the burden on institutions of the state regulation, improving the quality of the governance, ensuring the legality and predictability of the institutions.
II. Modern priorities of reforming, improving and harmonizing national legislation.
In line with the Medium-Term Priority action plan and the government’s annual action Plan for 2017, the Prime Minister determined 6 key priority areas for the Government in 2017:
– Pension reform;
– Education reform;
– Healthcare reform;
– Public administration reform;
– Privatization and state-owned enterprise reform;
– Land market reform;
Stabilization of the economy and economic growth achieved by the Government in 2016-2017 with the international community assistance allowed the mobilization of resources for the implementation of key reforms and social initiative 2017 was a year of success in laying the groundwork for human capital development as the Parliament of Ukraine passed the laws proposed by the Government, and the long-awaited education, healthcare and pension reforms were launched. In early 2018, the Government and the Parliament cooperatively embarked on the elaboration and passage of a new groundbreaking law to ensure effective and transparent privatization. Despite the extension of the moratorium on agricultural land sales into 2019, the work on land market reform is ongoing and remains a priority for 2018. Steps made as part of the efforts to implement reforms will contribute to stable economic growth, and the improvement of social protection and the well-being of citizens.
III. Legal problems that require a first-rate solution for reforming institutions.
– The introduction of world legal standard into legal education and legislation of legal professions;
– Determine legislatively legal professions (attorney, judge, prosecutor, notary) and conditions of access to them, delimit them from other professions into which legal professionals may be involved;
– Introduce legislatively high standards of legal education that would ensure training of professional high-qualified lawyers. Introduce external independent testing as a mandatory condition of getting legal education and access to profession;
– Bring the legislation governing professional legal activity (judges, attorneys, prosecutors, notaries) into conformance with international standards, to facilitate improvement of efficiency of self-government among law professionals;
– Give attorneys a possibility to choose bar associations that would represent their interest thus overcoming the monopolization of bodies of attorneys’ self-government.
Establishment of an anti-corruption court to consider high-profile corruption cases:
– Reach a consensus in society, political authorities and international community concerning prompt establishment of the anticorruption court in Ukraine (or a criminal court with broader jurisdiction, which would also include crimes against humanity, war crimes, etc.);
– Ensure legislatively the operation of the anticorruption court. Set: special rules of selection of judges where political forces and acting judges would not have decisive influence; reinforced guarantees of work of such judges and special mechanism for forming court staff and financing this court. To consider the possibility to involve temporarily foreign judges as lay judges into hearing cases so that they strengthen the capacity of Ukrainian judges to hear the respective categories of cases;
– Ensure the quality of the composition of the Higher Anticorruption Court as a first instance court, as well as of the respective chamber of the new Supreme Court. The responsible judges of the Supreme Court should also enjoy additional guarantees provided to the judges of the anticorruption court.

References:
1. Ngozi Okonjo-Iweala (2007) reforming Nigeria.
2. Legislation of Ukraine (2018) Decree of the Cabinet of Ministers of Ukraine № 1102-p.
3. Center for Democracy and Rule of Law (2016-2017) Road map of reform for Ukraine.
4. Anatoliy Kostruba (2018) Journal of the National Academy of Legal Science of Ukraine. 
 
 

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