Modernization experience of judicial policy post soviet countries

• Main Author: O. A. Antoniuc
• Format: Article
• Language: English
• Published: Publishing House "Grani" 2014-12-01
• Series: Granì
• Subjects: судова політика; судова система; судова реформа; Верховний суд; Вища рада юстиції Республіки Грузія; Вища судова рада Республіки Казахстан
• Online Access: https://grani.org.ua/index.php/journal/article/view/127
• ISSN: 2077-1800; 2413-8738

The article analyzed the experience of implementing the policy of modernization of judicial systems in the states of the former Soviet Union as an example of the Republic of Georgia and the Republic of Kazakhstan. It is reveals some of the institutional and functional features, positive and negative effects of the existing models in these countries the judicial system. Considerable attention is paid to the disclosure threats to independence of judges and ways to overcome them in the course of judicial reforms. The findings indicate that analysis of the accumulated Georgia and Kazakhstan, as well as other post­Soviet states, the experience of modernization policy of national judicial systems is very useful for the improvement of the domestic judicial system in the context of the proclaimed judicial reform. First it must ensure the restoration of the unity of the judiciary in the possibility of the existence of certain specialized vessels. Regarding the latter, it is interesting Kazakhstan practice, when the specialized courts are formed with the status of the regional or district court, without disrupting the unity of the judiciary, which is headed by the Supreme Court. Considerable interest may also be the creation of the courts of public councils to assess the ethical qualities of the candidates for judges, the introduction of the model­speakers of judges, the development of pre­trial (mediation) and alternative (arbitration courts) forms of dispute resolution.