Judicial reform in the context of EU requirements: cleansing from corrupt judges

 

 

Building Justice: A Lawyer’s Reflections on the “Lozovoy Amendments,” Judicial Reform, Judicial reform  and Ukraine’s European Integration

When I read the European Commission’s reports, I get the impression that they are letters from a strict but fair mentor who never tires of repeating: “This is your chance, Ukraine, don’t waste it.” This year’s document on the progress of buy telemarketing data candidate countries for EU accession sounds like a serious warning, Judicial reform  especially on the issues of judicial and anti-corruption reforms. I suggest we figure out what is at stake.

“Editors of Lozovoy” is a symbol of the slippage of the reform

The legislative provisions, known as the “Lozovoi Amendments,” have already become a meme among lawyers and public activists. Their adoption in 2017 affected the pre-trial investigation system, in particular by limiting the terms of criminal proceedings and transferring to judges the powers previously held by investigators. For example, a judge must decide whether to allow an expert examination, which often delays the process.

Imagine: a NABU detective is investigating a case of the bill is currently being discussed embezzlement of public funds. To conduct an important forensic examination, he goes to court. But the judge can simply postpone the case for weeks, if not months. This is the “Lozovoy amendments” in action.

Brussels emphasizes:

These amendments must be repealed. Not by the end of the year, not tomorrow — but atb directory yesterday. Because such norms make it impossible to conduct an effective investigation and bring cases to a logical conclusion.

Independent forensic examinations: how it works around the world
In many EU countries, detectives from anti-corruption agencies have direct access to independent forensic expertise. In France, for example, there are autonomous expert institutions funded by the state but independent of the courts or law enforcement. In Germany, detectives work with recognized private experts whose conclusions have the same legal weight as state ones.

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