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“НАШЕ ЖИТТЯ”, ВЕРЕСЕНЬ 2015 WWW.UNWLA.ORG 17 called separatists with Russian military help. The Unitary system of government, however, will re- main in effect. On June 20th the Constitutional Commission voted to send a draft to the Rada for its vote and approval. 2. The second working group deals with individual rights. Their goal is to bring that section of the Constitution closer in line with in- ternational standards—specifically, in the area of negative and positive rights as previously dis- cussed. 3. The third working group involves the judiciary . The aim is to strengthen Judicial In- dependence and restore confidence and trust in the courts. Individuals will now also have access to the Constitutional Court. There is no question that the judiciary in Ukraine needs to be reformed. What is needed is to strengthen the checks and balances—not con- trol over the judiciary by the executive. Providing adequate salaries for judges, insuring appropriate funding and assistance for the courts, prompt publication and availability of judicial decisions, access to the courts, transparency in decision making, and enforcement of judicial decisions— these are measures and ways to eliminate corrup- tion among the judiciary. Nevertheless, greater access of citizens to judges should not mean or indicate ex parte communications behind closed doors with just one party in the proceedings. This practice should be eliminated completely. Judi- cial independence does not mean that the judges do as they choose, but do as they must in accord- ance with the Constitution and laws of the coun- try. Judicial independence in the final analysis will depend largely on the conscience and courage of the judges themselves. Judges will not be re- spected until they respect themselves. The rule of law is the lynchpin to promote democracy throughout the world. First, the law must be supreme. Each person, whether a private individual or a government official, is subject to the law, and no special status can prevent the ap- plication of law. Second, the law must be cen- tered upon a concept of justice that emphasizes interpersonal adjudication. Not only must the substance of the law be the same for everyone, but the procedures by which law is carried out must be the same. A strong, independent judiciary is one of the most important ways to separate power and uphold the rule of law. Time is of the essence. These amend- ments should be adopted by the Rada this session of Parliament by 226 votes and sent to the Consti- tutional Court for its decision. At the next session, if the Constitutional Court approves the amend- ments, the Rada should deliver 300 votes for the changes to be finally adopted. This must be done in September of 2015. Local elections are sched- uled for October 25, 2015. The recent events throughout Ukraine and the people’s revolutionary expression at the Maidan during the Revolution of Dignity, hope- fully, will be an irrevocable incentive and man- date for the implementation of these reforms. The latter will make us proud to be part of this Ukrainian experience as the country watches over its independence and territorial integrity and moves forward to integrate with the European Union. I remain an optimist! Slava Ukrayini! ________________________ Bohdan A. Futey is a Sr. Judge on the United States Court of Federal Claims in Washington, D.C., appointed by President Reagan in May 1987. Judge Futey has been active in various Rule of Law and Democratization Pro- grams in Ukraine since 1991. He has participated in judicial exchange programs, seminars, and workshops and has been a consultant to the working group on Ukraine’s Constitution and Ukrainian Parliament. He also served as an official observer during the Parliamentary elections in 1994, 1998, 2002, 2006, 2010, 2015 and Presidential elections in 1994, 1999, 2004, 2010, 2015, and conducted briefings on Ukraine’s election law and guidelines for international observers. He served as a member of the working group on Ukraine’s Constitution adopted on June 28, 1996. Judge Futey is a professor at the Ukrainian Free University in Munich, Germany, and a visiting profes- sor at the National University of Kyiv-Mohyla Academy in Kyiv, Ukraine. ATTENTION AUTHORS Please send in your submissions, questions, and suggestions in Ukrainian or in English to the email address printed on the front inside cover of Our Life : unwlaourlife@gmail.com
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