Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system

It has been established that the constitution is the fundamental law of any modern state, which ensures the integrity of the country's legal system. The said legal act contains the most important provisions defining the basic guarantees for the protection of rights, freedoms and interests of a...

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Main Author: L. L. Goncharenko
Format: Article
Language:Ukrainian
Published: Kharkiv National University of Internal Affairs 2023-07-01
Series:Bulletin of Kharkiv National University of Internal Affairs
Subjects:
Online Access:http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/595
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author L. L. Goncharenko
author_facet L. L. Goncharenko
author_sort L. L. Goncharenko
collection DOAJ
description It has been established that the constitution is the fundamental law of any modern state, which ensures the integrity of the country's legal system. The said legal act contains the most important provisions defining the basic guarantees for the protection of rights, freedoms and interests of a person and a citizen, as well as the key principles of functioning of the State as a whole and its legislative, executive and judicial branches. It is noted that the priority of the constitutional provisions is due to the fact that all other legal acts of different legal force are developed in accordance to it. Attention is drawn to the fact that the constitutional reform in Ukraine implemented in 2016 was important for our country, since: firstly, it was aimed at strengthening democracy and observance of the rule of law in Ukraine; secondly, the powers of the President of Ukraine and the Verkhovna Rada of Ukraine to elect judges to office were adapted in accordance with international standards; thirdly, the requirements for the personality and professionalism of judges were significantly increased. It has been noted that the constitutional reform of 2016 had a significant impact not only on the activities of the judiciary, but also on the development of the legal system of the Ukrainian State. Thus, among the positive aspects of the relevant reform are the following: the content of the legal provisions enshrined in the Constitution of Ukraine defining human rights and freedoms has become one of the broadest among European countries; the reform significantly changed the approach to the content of the principle of judicial immunity, in particular, a functional approach to ensuring judicial immunity was applied; the activities of the bodies responsible for the judiciary were reformed in accordance with European requirements and standards.
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spelling doaj-art-14182adfd93f485baa2be6033d2813672025-02-03T07:05:28ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-07-011012 (Part 2)242910.32631/v.2023.2.33595Constitutional reform of Ukraine in 2016 and its impact on the development of the legal systemL. L. Goncharenko0Kharkiv National University of Internal AffairsIt has been established that the constitution is the fundamental law of any modern state, which ensures the integrity of the country's legal system. The said legal act contains the most important provisions defining the basic guarantees for the protection of rights, freedoms and interests of a person and a citizen, as well as the key principles of functioning of the State as a whole and its legislative, executive and judicial branches. It is noted that the priority of the constitutional provisions is due to the fact that all other legal acts of different legal force are developed in accordance to it. Attention is drawn to the fact that the constitutional reform in Ukraine implemented in 2016 was important for our country, since: firstly, it was aimed at strengthening democracy and observance of the rule of law in Ukraine; secondly, the powers of the President of Ukraine and the Verkhovna Rada of Ukraine to elect judges to office were adapted in accordance with international standards; thirdly, the requirements for the personality and professionalism of judges were significantly increased. It has been noted that the constitutional reform of 2016 had a significant impact not only on the activities of the judiciary, but also on the development of the legal system of the Ukrainian State. Thus, among the positive aspects of the relevant reform are the following: the content of the legal provisions enshrined in the Constitution of Ukraine defining human rights and freedoms has become one of the broadest among European countries; the reform significantly changed the approach to the content of the principle of judicial immunity, in particular, a functional approach to ensuring judicial immunity was applied; the activities of the bodies responsible for the judiciary were reformed in accordance with European requirements and standards.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/595constitutionconstitutional reformjudgesjusticelegal system.
spellingShingle L. L. Goncharenko
Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system
Bulletin of Kharkiv National University of Internal Affairs
constitution
constitutional reform
judges
justice
legal system.
title Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system
title_full Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system
title_fullStr Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system
title_full_unstemmed Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system
title_short Constitutional reform of Ukraine in 2016 and its impact on the development of the legal system
title_sort constitutional reform of ukraine in 2016 and its impact on the development of the legal system
topic constitution
constitutional reform
judges
justice
legal system.
url http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/595
work_keys_str_mv AT llgoncharenko constitutionalreformofukrainein2016anditsimpactonthedevelopmentofthelegalsystem