Review

The article deals with the investigation of peculiarities of reforming the judicial system of Ukraine on the contemporary stage of its development. In historical context the reference point is represented by the author with affairs, which are known as the “Revolution of Dignity” and caused changes in the political structure of the state.

On the basis of statistical data it was possible to conclude that the primary task of the judicial reform at the investigated period was the renewal of trust to the judicial power in society. To achieve it, a range of legislative acts was adopted in Ukraine, which foresaw the application of lustration procedures as for judges as a kind of mechanism of “purification” of the judicial power.

While analyzing legislative provisions and real consequences of their realization, the author has made an opinion about inefficiency, inappropriateness and unacceptability of lustration application in the judiciary. The author’s opinion is based on the provisions of systems theory and the theory of judicial reform. Particularly, it is stated that the domestic judicial system after the “Revolution of Dignity” entered, to express with the terminology of synergy, the zone of bifurcation (when its system parameters (independence, legitimacy) achieved critical level and caused system crisis). Due to this fact, the judicial system became unstable in relation to fluctuations, and its future became uncertain and unpredictable. While adapting to changes, the judicial power returned to the previous condition which was the point of relative balance for it. Besides, it is also noted that after making the judicial system accountable for changes in the judicial power, reformers in advance chose the way with unpredictable results. Form the viewpoint of the strategy of judicial reform, an integral part of which is a high level of predictive competence of its developers, it was incorrect.

To sum up it was concluded that the form, in which lustration was imposed on Ukrainian judicial system, looked like a manipulation of social consciousness, as an act generated by revolutionary expediency. Therefore, to make the achievements of revolutionary changes to be the source of development, emotions should be directed at rational thinking and organizational activity.

Keywords: judicial system, judicial reform, court, lustration, reformation of judicial system.