Controversial legislation hinders the improvement of the judiciary work
The biggest obstacle in improving the judicial system is controversial legislation, and the willingness of the parties to a dispute to receive a positive award through corruption. These results of the survey were announced at the round table «Evaluation of the judicial system of Ukraine».
The company Research & Branding Group decided to determine the level of confidence in the judicial system and the courts of first instance. By dividing the target audience into two categories: national surveys and specialized (parties to a dispute) they received different results.
According to the survey, 13% of Ukrainians trust the courts and judicial system, but 87% of them have never participated in the litigation. Instead, among parties to a dispute 40 % of respondents expressed their trust in the courts and the judiciary.
Depending on the courts specialization, they received different level of confidence: commercial courts 61%, administrative courts 57%, common courts - 45%.
The strongest distrust exists with respect of the common courts. According to Commission member Mykhailo Makarchuk, who took part in the discussion of research results, this can be explained by the fact that in most cases, the lawyers represent the clients in commercial and administrative courts and its easier for them to make an assessment of the qualification of a judge.
M. Makarchuk agreed with the statement about the lack of responsibility of the judge for the decision taken, but he noted that the parties to a dispute try to identify the responsibility of the judge with the appeal of court decisions. «A lot of complaints filed with the Commission are related to the illegality of judicial decisions, and is the matter of appellation or cassation» - the member of the Commission stated.
According to a sociological analysis, 27 % participants of specialized survey and 23 % of the nationwide survey expect the improvement of the judicial system of Ukraine in the future six months.
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