In today’s Ukraine, as the country pursues European integration and civil society development, the interaction between judicial power and the public is of paramount importance. Judicial power upholds the rule of law, protects citizens’ rights, and ensures legality, but its effectiveness relies on public trust rooted in transparency and accountability. The public can drive judicial democratization, which this dissertation explores through theoretical foundations and practical recommendations.
The study’s goal is to substantiate this interaction via a three-tier model: communicative, integrative, and institutional. This model systematizes court-society collaboration, analyzing each level in Ukraine and globally, and proposing enhancements tailored to civil society needs. Its novelty lies in an original approach, refining the "public" concept (active/passive), and introducing new mechanisms for communication, integration, and institutional justice support, using analysis, comparative law, systemic approaches, and modeling.
The first chapter focuses on communicative interaction as the foundation of transparency and trust. It examines information accessibility, document clarity, and legal culture, highlighting the role of technology (websites, social media). A Communication Concept and judicial media centers are proposed. The impact of media and civic organizations on dialogue underscores communication’s role in fostering trust and legal awareness.
The second chapter explores integrative interaction through juries and justices of the peace. Ukraine’s jury system is critiqued for unrepresentativeness and limited powers. Comparisons with foreign models inform an improved jury framework and the introduction of justices of the peace for local disputes. Principles of voluntariness and legal certainty support legislative proposals, enhancing trust and humanizing justice.
The third chapter analyzes institutional interaction via public oversight. The roles of the bar, Public Integrity Council, and juries are assessed, noting weak organizational capacity. A Human Rights Organizations Council, public inquiries, and decision monitoring are suggested. Effectiveness hinges on legal regulation and state support.
The three-tier model provides a basis for judicial reform. Recommendations like media centers, jury enhancements, and oversight boost transparency and trust, fostering legal culture and democracy. The dissertation lays the groundwork for future research and reforms.
