GUARANTEES OF JUDICIAL INDEPENDENCE AND IMPARTIALITY: INTERNATIONAL STANDARDS AND PROSPECTS FOR UKRAINE

Abstract

The article is devoted to the study of the standards of judicial independence and impartiality as key components of the rule of law in the context of Ukraine’s European integration. The authors focus their scholarly analysis on the mechanisms for ensuring judicial independence, the practical challenges faced by the Ukrainian judicial system, and the international legal standards that must be implemented in the national legal framework. The authors emphasize that judicial independence is not only a formal requirement enshrined in the Constitution of Ukraine but also an institutional guarantee for the functioning of a democratic legal order. However, despite the significant progress achieved through judicial reform, numerous violations of the principle of separation of powers persist in practice. These include attempts by legislative and executive bodies to exert pressure on the judiciary, interfere with the adjudication of specific cases, and manipulate judicial appointment and dismissal procedures. The article systematizes the main guarantees of judicial independence: constitutional, institutional, procedural, financial, and others. The authors begin by analyzing international standards of judicial independence and impartiality. In particular, they review the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Bangalore Principles of Judicial Conduct, among others. Additionally, the authors refer to documents issued by the UN Human Rights Committee, the Committee of Ministers of the Council of Europe, and the Consultative Council of European Judges. Special attention is given to the report of the Venice Commission and to the case law of the European Court of Human Rights. Based on the analysis, the authors outline the core elements of judicial independence, including appointment and dismissal procedures, terms of office, safeguards against pressure, accountability, and the appearance of independence. The article also discusses the objective and subjective approaches to judicial impartiality developed by the European Court of Human Rights. The authors conclude that compliance with the standards of judicial independence and impartiality is crucial for the success of Ukraine’s European integration. At the same time, the article identifies key challenges facing the judiciary in securing its independence. The authors stress that further judicial reform must be based on clear, objective, and transparent procedures for appointing and evaluating judges, strengthening safeguards against interference in judicial activities, and enhancing the legal culture within society.