A two-legged stool

As Ukriane's leaders debate the constitution and re-write it over the summer, they need to ensure the judiciary emerges as a truly independent, apolitical, qualified and equal branch of government.
e great strides in cementing the democratic future of the country. Each election, since the thoroughly compromised one in November 2004, has been declared free and fair.

While the country’s powers that be debate the form Ukraine’s government will take and ultimately pen a new constitution, the role of Ukraine’s judiciary cannot be ignored.

Ukraine’s judiciary has a well-earned, worldwide reputation as being corrupt and beholden to the country’s rich and powerful. Justice, in the form of favorable and fraudulent rulings, is literally available to the highest bidder. The legal system’s reputation is so deplorable, that Western businesses insist on “choice of venue” clauses in contracts in order to avoid litigating disputes in Ukraine.

In a democracy, the judicial system provides a much need check to executive and legislative over reach. At present, Ukraine’s judiciary does not provide an apolitical check to power.

Ukraine’s democracy is still in a fragile formative phase, and due to the country's dysfunctional court system, it resembles a two legged-stool.

As Ukriane's leaders debate the constitution and re-write it over the summer, they need to ensure the judiciary emerges as a truly independent, apolitical, qualified and equal branch of government.

A good first step would be to remove the incentives for judges to take bribes by raising pay to suitable levels. It is unrealistic to expect judges to be totally beyond repproach if they are only paid a few hundred dollars a month to preside over complex and difficult legal issues.

The judicial raises could be financed be increasing court fees to realistic European levels.

Once adequate pay is assured, judges who remain corrupt can be exposed, prosecuted and removed from the bench.

By doing this Ukraine's leaders would finally add the third leg to the country's democratic stool and ensure continued democratic development based on a firm foundation.

If not done, Ukraine's young democracy could collapse at anytime.