Justices of the peace can be equated in status to a judge of the court of General jurisdiction of the Commission on legal reforms under the President discussed the project.
One proposal, which is in the working group of the Commission on legal reform under President Vladimir Zelensky, is to introduce into the judicial system justices of the peace. The declared goal is to unburden the judiciary and to bring it to the population, to broaden the ways of pre-trial settlement of disputes.
“A huge problem — the formation of a judicial corps in the regions. Among the 700 individuals who have been for the last 5 years selection, no wishing to fill vacancies in the regions”, — said in his proposals a member of the Commission, the judge of Economic court of Kiev Roman Boyko.
According to him, the launch of the Institute of justices of the peace in the regions, where the number of judges in the court at least 5 individuals, will contribute to the consideration of minor cases.
It is worth noting that the idea of the introduction of justices of the peace have been offered now head of the working group of the Commission under the President, rector of National school of judges Mykola Onischuk.
“The only thing that would cost to maintain this provision, which is reflected in the coalition agreement of the Yulia Tymoshenko Bloc and “Our Ukraine — national self-defense”, — the introduction of elected justices of the peace, which must include simple disputes between citizens of a social nature.
By the way, this tradition was from the time of judicial reform tsarist Russia in 1864 and now exists in the Russian Federation.
The magistrate could take a certain load, so that the citizens have not appealed from the state courts with their complex hierarchy, their associated costs, judicial meetings, lawyers and the like”, — said Mykola Onischuk in 2008 in an interview on the website of the Kharkiv human rights group.
“In my personal opinion, extremely important is the creation in Ukraine of Institute of elected justices of the peace, that is, it judges the first link parastatal, if I may say so. It is judges who must be elected by the community for consideration of disputes, especially between citizens, the simplest boundary disputes, property disputes, family relationships, etc.,” he said in 2011 in an interview with “Radio Liberty”.
As envisaged in the Concept
If we analyze the Concept, which was proposed by members of the working group of the Commission and was available for “Judicial and legal newspaper”, the introduction of justices of the peace will occur in the following way.
A magistrate will be able to become a citizen of Ukraine who has attained 30 years of age (but not older than 65 years), who has a law degree and professional experience in the field of law for at least five years.
As proposed, the establishment of the Institute of justices of the peace must ensure the following objectives:
maximum accessibility of justice to citizens; the formation of a stable judicial practice already in the early stages of the administration of justice;discharge the local courts from the large number of cases.To select magistrates for posts are invited in the following ways: either through elections by the residents of a specific territorial community, or they can appoint the local authorities of the respective administrative-territorial unit.
To place justices of the peace proposed at the location of the bodies of local self-government or to equip places for them directly in local General courts.
The financing of world judges asked to exercise either by budget subsidies through local budgets or through local courts or through the territorial Department of State judicial administration.
As for terms, we can consider the option of election of justices of the peace for a period of 3 years, with the possibility of re-election. In another embodiment, prompted to select justices of the peace for a term of office of the local government or indefinitely.
I wonder what a magistrate can be revoked before the expiration of his term of office.
As for the authority of the magistrates, the proposed to their jurisdiction to include criminal cases that are not provided for imprisonment and criminal offenses. Also the magistrate can hear cases about issue of injunctions about family divorce (if between spouses there is no dispute that concerns children), the division of joint property (if the price dispute is not large), some types of property disputes, cases concerning protection of consumer rights, as well as cases on administrative offences.
To appeal decisions of justices of the peace is available in local, and then in the appellate courts. While appellate courts are to effectively perform the role of cassation and to put an end to the Affairs considered by world judges. Interestingly, among submitted to the Commission on issues of legal reform proposals is the idea to develop and adopt the law on magistrates with the appropriate separate procedure code. This code will be assigned to simplified trials.
To consider cases the magistrate will only be alone.
The salary for magistrates is proposed to consolidate at the level of the remuneration of judges of local courts.
Previously “the Right TV” told how new York managed to fight crime through community courts: