The purpose of the reform is to bring the judiciary of Ukraine to European standards and to ensure the protection of the rights, freedoms and legitimate interests of citizens through timely, effective and fair resolution of legal disputes on the basis of the rule of law.
[1] After Ukraine gained independence in 1991, the authorities were faced with the task of dismantling the outdated Soviet judicial system and creating a new one based on the principles of the rule of law and the protection of citizens' rights and freedoms.
In 1996, the Verkhovna Rada approved the Constitution of Ukraine, which enshrined the division of state power into three branches: legislative, executive and judicial.
[3] During Viktor Yanukovych's presidency, the reputation of Ukraine's judiciary has deteriorated significantly due to high-profile cases by politicians in opposition to the current government, most notably Yulia Tymoshenko and Yuriy Lutsenko.
For example, a 2011 Human Rights Watch report stated that "Yulia Tymoshenko's conviction, as well as arrests and trials of other former government officials, have undermined confidence in the independence of the judiciary.
The initiators of the reform paid great attention to the personnel issue in order to overcome corruption among judges and increase public confidence in the profession.
[15] The head of the Venice Commission, Gianni Buquicchio, compared judicial reform in Ukraine to the revolution of Nicolaus Copernicus in science.
[17] The creation of the High Anti-Corruption Court of Ukraine (HACC) in 2019 showcased a step in combatting corruption by adjudicating high-profile cases of official misconduct.
The HACC has allowed for the prosecution of MPs, former Fiscal Service heads, mayors, and other prominent officials, a direct attempt to confront entrenched corruption.
[21] Mykhailo Zhernakov, Director of the Dejure Foundation has criticized Ukraine's judicial system as continuously inefficient, underscoring its stagnant-decision making processes and high caseloads.
[23] Moreover, the reforms' various attempts at reducing political influence have not entirely succeeded; the executive branch continues to exert significant control over the Ukrainian judiciary, undermining judicial impartiality and independence.
[22][24][23] Similarly, corruption persists within the judicial branch of Ukraine despite the reforms' efforts to increase transparency, obstructing the administration of justice.
Ukrainian academics Oleksandr Bandurka and Vladyslav Teremetskyi have stated the absence of a clear Action Plan as the main obstacle hindering effective implementation.