It is believed that, similar to other countries with a Soviet heritage, Ukrainians are incapable of creating institutions that are intrinsically not corrupt. However, the work of the National Anti-Corruption Bureau of Ukraine and the High Anti-Corruption Court of Ukraine has proved that is not the case. The lack of resources has not prevented these two institutions from being effective, successful, and, most importantly, independent. They are two islands of justice in Ukraine and success models that we can implement across the board.
As much as we form our initial impressions about strangers within seconds after meeting them, so foreign businesses and investors get a glimpse inside our country’s governance based on our justice system. But even more importantly, we ourselves are sick and tired of corruption and inefficiency in courts. Structural changes are no longer sufficient — we need a complete restart. A set of reforms prepared by the Office of Simple Solutions & Results is a feasible solution to the justice crisis.
Some of the most recent surveys found that over 75 percent of Ukrainians have no trust in the court system and only 2 percent of Ukrainians believe that the justice reform has been completed. Corruption and wealth inequality — which gets especially explicit in court cases where low-incomes are not able to effectively defend themselves against wealthy counterparts — are often seen as the biggest challenges.
The only way we can succeed in carrying out a justice reform is by bringing together the president and the Verkhovna Rada around the specific goal of completely changing the judiciary to guarantee justice to the Ukrainian people.
The system won’t alter itself from within as long as there are those who can exploit the current corruption and injustice to their benefit: in the Verkhovna Rada, and at various levels in the Office of the President, in the Cabinet of Ministers, and elsewhere. But in all these institutions there are also people who really want to create a better future for our country. Therefore, if we come together, we will definitely break this vicious circle and uphold a comprehensive justice reform.
No “ifs” and “buts” will stop us.
Centralize control
First, we need to centralize the court control system by creating a single body. We propose to get rid of the High Council of Justice, the Highest Qualification Commission of Judges, and the State Judicial Administration and to create a single judiciary supervisory body. Its functions would include the selection and re-certification of judges, disciplinary cases on complaints proceedings, control over judicial integrity, and ensuring the logistics of the court system. This, we believe, would ensure that the control over the judiciary — a vital part of the justice system — isn’t overly bureaucratic and is thus more focused on delivering tangible results. As of now, the mentioned bodies exist for the sake of existing without adding any value. Despite Ukraine’s incredible economic potential, our country lacks the resources to provide for corrupt bureaucrats.
Overburdened judges
Ukraine drastically lacks judges. Out of 7,000 judges that are needed in order for Ukraine to be a well-functioning state, there are only 5,000. This, in its turn, dramatically overburdens each individual judge and results in long queues thereby reducing access to justice. At the same time, there are too many courts, and we suggest reducing that number to 200.
As unresolved cases have been piling up year after year, citizens have understandably lost faith in the possibility of achieving justice. From a greater perspective, a society that feels like the costs of getting justice done — both economic and societal — are impossible to meet, loses trust in institutions, democracy, and the rule of law overall. The most successful economies in the world rest on trust, predictability, and cooperation. Our Soviet past with Cheka tribunals serving as an agonizing model of the justice system has prevented us from internalizing these values as a nation. But we can move on, and we will.
Online services
In order to digitalize the field of justice, the Office of Simple Solutions & Results has suggested moving key procedures such as filing lawsuits and paying court fees online. At a time when we can get access to almost every service including healthcare via our smartphones, it is unacceptable that we cannot use them to protect our rights. It should be possible to pass evidence to the court, monitor the status of the case, and receive copies of decisions on a single click. Economy wise, time is an asset, and the more time Ukrainians spend on engaging with bureaucratic institutions — courts in particular — the less time they spend on key economic activities and with their families. This shouldn’t be the case.
More mediation
In order to unload the courts, we also suggest using alternative dispute resolution tools such as arbitration courts and mediation. The latter has proved to be especially successful in the United Kingdom and the United States. For example, in the UK, the commercial mediation market increased by 20 percent from 2016 to 2018, and in the US, most mediators report settlement figures of around 75 percent. We propose to enhance mediation, in particular in family disputes. This would allow us to unburden the courts and judges and implement the best global practices that have helped millions of people get justice done.
Additionally, if we could introduce jury practice in categories with special important and socially dangerous crimes and use English common law to solve investment disputes, this reform could be a mind-blowing success. English common has historically — and justifiably so — been associated with fairness, and embracing its core values in Ukraine would make us more attractive to investors and help shape the societal narrative of what justice really is.
Constitutional Court
Lastly, the Constitutional Court of Ukraine has been a disgrace on the country and undermined both the Orange Revolution and the Revolution of Dignity. The mission of this institution per se — constitutional control — is important and much needed. However, the way it has been delivering it can hardly be seen as a matter of national pride. We propose to hold a national referendum to let every Ukrainian decide on the fate of the Constitutional Court. We either grant them mercy and come together to find a way to reform it from within, or we get rid of it altogether. There is no in-between.
The Office of Simple Solutions & Results and I personally will keep the public updated on further developments of our justice reform. However, if it doesn’t go through the Rada, the president will have to address the nation and host the referendum on the topic of justice reform as such. Judges are not popular, they don’t have public speakers, and they use shady ways to remain in power. I strongly advise the president to consider getting hold of the justice reform.
I have already presented this draft reform to President Volodymyr Zelensky and G7 Ambassadors at a special meeting. Although there are serious discussions going around it, I don’t think they are efficient because of the enshrined special interests and different competing groups.
This is not where you can balance between these — we should make decisions. The decision should be made by the president and the Ukrainian society.
Mikheil Saakashvili, the ex-president of Georgia and ex-governor of Odesa Oblast, is chair of the executive committee of the National Reform Council.
