About the utopia of an independent judiciary in Ukraine

Об утопии независимого суда в Украине

The original on the website of the Andrey Golovachev in Facebook

As it is not pressed the West on the Ukrainian authorities with a demand to carry out judicial reform, no matter how busy the reflexive part of the society in the coming decades, the independent judicial branch of power in Ukraine does not appear.

The court will continue to submit to the Executive authority and the administration of justice in accordance with the class position of the people in the social hierarchy. The courts will differently judge the Colonel of the SBU and the rural teacher. More precisely, it is unlikely that the courts generally to decide to judge the Colonel of the SBU.

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One can cite dozens of reasons for explaining the utopian hopes for an independent and competent court in Ukraine. But one of them is the main and decisive reason, which puts an end to any attempts of economic.

The fact that an independent judiciary also means that the citizen and the state are equal in their rights. Court for an independent citizen of any state body, be it tax, security service, customs, police, pension Fund, local authorities, etc. – this is the essence of the same legal entities.

If you imagine for a moment that in Ukraine there is such an independent court, it would mean immediate and total bankruptcy of the whole state and its entire financial system.

For the reason that our government is totally violating our rights, not totally fulfill its obligations prescribed in the Constitution and other laws. Appeals an independent court with complaints about public bodies would mean that the courts would be forced daily to make decisions, fined the government for hundreds of millions of hryvnia. For example, the legal requirement of indexation of pensions and other social payments with inflation at 45% could completely ruin the entire financial system of the state in one month. And if you take the “guaranteed” right to health care, bankruptcy comes next week. Even bandages anywhere!

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And if you touch such topics as the ATO, mobilization, human rights of refugees and others, it becomes clear that our budget should be 15-20 more to compensate for all the violations of human rights by the state.

Our barely breathing the holding state is still somehow only on the principle of complete failure of them to meet their obligations to citizens. And this is possible only if the courts are clearly willing to deny citizens in claims against such a dead state. That happens everywhere. Actually no one in the courts have not drawn. Justice and the rule of law there can not be achieved.

Moreover, any judge knows that if he starts to rule in favor of citizens and to impose fines on public authorities, it will be immediately destroyed. And society can protect him, because we do not have this society, there is a downtrodden, frightened and powerless class.

So everything will remain as it is, may become worse.

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An independent court – it is the prerogative of only the rich countries. By experience, income, GDP per capita is 25 thousand dollars. and above. And yet only 2.4 thousand dollars. And if you do not receive funding from the IMF, the hryvnia will continue to fall and we will descend to the level of 1.8-2 thousand dollars. And with this level we will not have an independent court, and the court of revolutionary expediency.

So that our court will remain the commercial public service under the government of Ukraine for many decades. Maybe forever. We are too poor for the luxury of an independent and competent court.

Andrey Golovachev

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