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 NEWS


A Statement of the NGO “Foundation for Fair Justice” on crisis of financing of Ukrainian judiciary

June 25, 2005.

    *** In course of several years the judges, officials, representatives of non-governmental organizations and independent experts have been speaking about insufficient financing of courts in Ukraine. But still neither the president nor the cabinet of Ministers do not see this problem and blend expressing at the same time concern as to the corruption in courts.
     After the presidential elections, appointment of new high rank officials, new President elected in a democratic way, we began to wait till promises for changes given by government and state are exercised. One of these changes was providing an independent activity of courts, which has not improved yet as well as systematic changes.
     Effective work of courts is impossible under conditions of lack of paper, publishing materials, no place to try cases which are numerous, because no funds are allocated for getting necessary premises and a judge depends on all- head of the court, judicial administration, Supreme Court etc. These are the conditions which foster corruption within the judiciary system. Unfortunately it still rests unknown what the government is doing in order to change the situation except for accusing the courts of abuses of power and inactive work. For more then ten years different state institutions have been dealing with judicial reform. The working groups have been created on reforming of judicial system. Huge fund are allocated for these needs. But what is the point in doing this, when the government cannot support the existing system?
     Both new and old forces have the same principles related to judicial branch, which are control and force methods. In our opinion, if the government does not change their views on courts, the judicial system on the whole will be destroyed.
     Till now the judges were afraid to protect judiciary but it is no more impossible to get on with.
     The example is the decisions of the Council of judges of Crimea dated to 8th April, 2005:
    1. to recognize trying the cases only within the budgetary financing and Regional programs of providing the courts’ activity.
    2. to recognize the state of financing of courts’ activity of Crimea insufficient and to prove it renders impossible the prompt trying of cases.
    3. to address to Judicial council of Ukraine with a request to improve the state of courts’ activity provision urgently.
    4. to address to the Finance Ministry of Ukraine , State Judicial Administration with a request to reconsider the plan of assignations for a period of a year with a purpose to ensure the proportional funds allocation .
     Similar decision mush have been an alert to actions for the President of Ukraine, the Cabinet in the programs of which it is underlined that the independence of judicial branch is a priority. But nowadays the issue is not resolved. It seems that new government are not concerned about independent judicial system, because the first step towards this is sufficient financing of judges’ work.
     As the head of the Council of judges of Crimea told us five courts do not work in Crimea because of lack of funds. So will the government reconsider the financing of judicial system? That is not simply the financing of courts, but the issue of financing the protection of 47 million of citizens.
     The Foundation for Fair Justice together with all-Ukrainian independent Association of Judges taking into account facts mentioned-above, with an aim to secure access to justice in Ukraine express sincere concern about activity and inactivity of public authority bodies which can lead to disastrous effects for state , and address to the President of Ukraine as guarantor of Constitution, Verkhovna Rada of Ukraine and the Cabinet of Ministers with a request:
    1. to reconsider the grounds of financing of courts urgently
    2. to increase the expenses for material support
    3. to reconsider plan of assignation for a year and provide proportional monthly funds allocation for all judges
    and recommend Verkhovna Rada of Ukraine to pass law on Temporary Financing of Judicial Branch till the judicial reform is decided upon.
    
    
    
    
    
    
    
    Contact person: Kateryna Tarasova
    8 050 313 28 25


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