By: Natalie Smith
Ukraine has a mixture of both an inquisitorial and adversarial system. The judiciary system applies both of these methods in order to be highly effective. The inquisitorial system puts power in the hands of the court unlike the adversarial system, which puts power in the hands of the people of a country and lawyers. Ukraine uses both the adversarial and inquisitorial systems. Ukraine turns towards the adversarial system when it comes to civil and commercial proceedings, and it turns to the inquisitorial system when it comes to administrative and criminal proceedings. The use of both the adversarial and inquisitorial system is a great approach to the judicial system, because it allows for the most effective part of each system to be applied. When combining two systems you are taking the advantage of both system while limiting the disadvantages of both systems. An example of the Ukraine judicial system would be an extremely important Supreme Court case deciding who the president of Ukraine would become. Two candidates failed by the Ukrainian voting system turned over the decision of who would be president of Ukraine to the Supreme Court. Viktor Yanukovych and Viktor Yushchenko long term political rivals agreed to turn over the decision of the presidency to the Supreme Court. This gave the judges complete power to make the decision they felt was best. In such a high level case the inquisitorial system was used, and it was an extremely effective approach over the adversarial system. This is because it allowed this important decision to be made by exceptionally educated individuals on this topic. It also took out any level of competition that the adversarial system would have caused. This is an example of the way the Ukraine does use the inquisitorial system, because the judge has all the power. In civil cases a jury would most likely be used in the Ukraine making part of the Ukrainian judicial system adversarial. Adversarial is more effective when it comes to civil law. Since this is between private members of Ukraine a jury would be extremely helpful in deciding the final decision in these cases. Overall the Ukrainian judicial system has a very healthy balance of both inquisitorial and adversarial systems. They focus on the most effective parts of both systems and apply them to the cases that will work with the particular system the best. The Ukrainian judicial system appears to be fair, effective, and balanced.
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