Current State of the Ukrainian Judicial System

The principles of ensuring justice are declared in the Constitution of Ukraine. The main ones are ensuring justice exclusively through courts and the inadmissibility of delegating the functions of courts, as well as appropriation of their functions by other bodies or officials; extension of the jurisdiction of courts for any legal dispute and any criminal charge; the binding nature of judicial decisions on the entire territory of Ukraine.

Today, Ukraine still finds itself on the verge of judicial reform, whose main purpose is to increase the efficiency of the judicial process, combat corruption in courtrooms, and genuinely establish an independent judicial system.

Ukraine has a three-tier system of justice. It includes local courts, courts of appeal, and the Supreme Court of Ukraine, which is the highest court in Ukraine’s judicial system and not only administers justice but also carries out the important function of ensuring the uniform application of the rules of law by courts of various jurisdictions.

Local courts of first instance are the most numerous. These courts decide on the merits of a case, as they are endowed with the right to establish factual findings of a case via assessment of evidence collected in a case at their own inner conviction. As a rule, judgements made by local courts come into force after termination of the term for the appeal or after review of the case in question by a court of appeal if a judgement was not cancelled or modified as a result of a review.

Consideration of a particular case by a court depends on the subject matter in a dispute and its nature and is governed by the relevant codes of procedure (Civil Procedure Code of Ukraine (2004), Commercial Procedure Code of Ukraine (1991), Code of Administrative Justice of Ukraine (2005), Code of Ukraine on Administrative Offenses (1984), Code of Criminal Procedure of Ukraine (2012), with further amendments and additions.

Commercial courts generally resolve disputes arising from the conduct of economic activity, from corporate relations, rights to shares, securities, rights of ownership or other property rights, cases on appeal against decisions of arbitration courts as well as other disputes between business entities, cases on the bankruptcy of individuals and legal entities.

Administrative courts adjudicate public law disputes, particularly those involving individuals or legal entities challenging the decisions, actions, or omissions of public authorities.

Local general courts consider civil, criminal, certain administrative cases, and cases regarding administrative offenses. Civil proceedings cover disputes arising from civil, land, labour, family, housing, and other legal relationships. General courts are established in regions, cities, and city districts.

Courts of appeal are courts of second instance established within appellate districts. They review cases that are based on existing and additional evidence, and assess the legality and validity of decisions made by courts of first instance within the scope of the claims raised in an appeal. The decision of a court of appeal enters into force upon its pronouncement.

The General Court of Appeal, whose jurisdiction extends to the City of Kyiv, deals with cases on the recognition and granting of permission to execute decisions of international commercial arbitration in Ukraine.

In 2023, a competition for the positions of judges of courts of appeal was announced and is still ongoing. In December 2024, a Law came into force aimed at increasing the transparency and efficiency of the judicial selection process, demonstrating Ukraine’s commitment to reforming its judicial system in wartime conditions and in the context of European integration.

The highest instance in the court system is the Supreme Court of Ukraine, which started working on 15 December 2017, and is endowed with the right to review court decisions in the order of cassation proceedings. The Supreme Court consists of the Grand Chamber of the Supreme Court, the Administrative Court of Cassation, the Commercial Court of Cassation, the Criminal Court of Cassation, the Civil Court of Cassation.

The Grand Chamber of the Supreme Court reviews, in cases determined by law, court decisions in a cassation order so as to ensure the uniform application of the rules of law by courts; acts as a court of appellate instance in cases considered by the Supreme Court as a court of first instance; analyses judicial statistics, studies judicial practice and sums up court practice.

The Supreme Court continues to address the gaps which previously existed in court practice, to adopt legal conclusions aimed at ensuring the uniformity of court practice in Ukraine and the predictability of court decisions.

The Constitutional Court of Ukraine functions as the body of constitutional jurisdiction, ensuring the supremacy of the Constitution of Ukraine. It reviews the constitutionality of laws, other legal acts, and international treaties to which Ukraine is a party, provides official interpretations of the Constitution of Ukraine, and exercises other powers as prescribed by law. The Court consists of the Grand Chamber, two senates, and six panels.

The Law of Ukraine On the Judicial System and Status of Judges provides High specialized courts to function in Ukraine.

The High Anti-Corruption Court of Ukraine began its operations on 5 September, 2019. Its jurisdiction is to consider criminal cases related to corruption crimes investigated by the National Anti-Corruption Bureau of Ukraine, as well as cases of recognition of unjustified assets and their recovery for the benefit of state coffers. The High Anti-Corruption Court of Ukraine contains the Chamber of Appeal, which is authorized to consider claims against a decision adopted by this court.

The High Court on Intellectual Property was established by a Presidential Decree of Ukraine on 29 September 2017. This court will adjudicate disputes related to intellectual property rights and cases involving unfair competition. A competition for judicial appointments to this court and its Appellate Chamber, which will operate within its structure, is currently ongoing.

As part of the reform of administrative justice in Ukraine, the District Administrative Court of Kyiv was dissolved and replaced by the Specialized District Administrative Court, which will hear high-profile administrative cases, in particular those regarding appeals against decisions, actions, or inaction of the Cabinet of Ministers, ministries, the National Bank of Ukraine, and other national-level public authorities.

Decisions adopted by the Specialized District Administrative Court will be subject to appellate review by the newly-established Specialized Administrative Court of Appeal.

In the near future, the High Qualification Commission of Judges of Ukraine is expected to announce a competition for judicial positions in the Specialized District Administrative Court and the Specialized Administrative Court of Appeal. Assessment of the integrity and professional competence of candidates will be carried out with the support of an Expert Council, which will include three international experts.

In 2024, the implementation of e-justice in Ukraine reached a new stage. A Law of Ukraine adopted on 18 October 2023 introduced mandatory registration of an electronic court account for attorneys, notaries, enforcement officers, insolvency practitioners, forensic experts, public authorities, and all legal entities. From now on, such parties must carry out procedural actions and exchange documents with the court in electronic form, and the absence of a registered electronic account may result in adverse procedural consequences.

Due to the forced change of residence of participants in judicial proceedings caused by the continued armed aggression of the russian federation, the use of the right to attend court hearings via videoconference has significantly increased. A growing number of case participants now join hearings online using laptops or smartphones, having been authorized through a designated platform by means of an electronic signature.

In April 2025, a new Regulation on the Automated Court Document Management System entered into force, which improves the automatic case assignment process and supports the uninterrupted digital operation of the courts. These changes are expected to reduce administrative workload, speed up the consideration of cases, and enhance the transparency of judicial proceedings, bringing Ukraine’s judicial system closer to European standards.

Ukraine’s judicial system continues to eliminate rudiments and move closer to European standards of justice. In February 2025, the institution of the “deliberation room” was abolished in civil, commercial, and administrative proceedings. Previously, the requirement to observe the secrecy of judicial deliberations often prolonged the process. Now, upon completion of courtroom debates, the court must immediately announce the transition to the decision-making stage and inform the parties of the time at which the judgment will be delivered.

There have also been changes in bankruptcy procedures. In 2023, amendments were introduced to the Code of Ukraine On Bankruptcy Procedures, which came into force on 21 October 2019, temporarily restricting the right of creditors to initiate bankruptcy proceedings against companies engaged in defence contracts or affected by the war. Additionally, taking into account Directive (EU) 2019/1023, the Code was supplemented with a mechanism for preventive debt restructuring. This enables debtors to avoid bankruptcy by imposing a moratorium on debt collection and prohibiting the forced seizure of property — a significant step towards supporting businesses during wartime and aligning Ukraine’s legal framework with EU standards.

General trends associated with changes of the role of courts in litigation are continuing in Ukraine. In particular, courts are increasingly using the status of “arbitrator”, placing the responsibility for committing, or failing to act, on the parties themselves, including in matters of evidence.

Moreover, the Law of Ukraine On Mediation, which came into force on 15 December 2021 expanded the possibilities for settlement between parties. Previously, procedural legislation provided only for the procedure for dispute settlement with the participation of a judge, under which the court acted as an arbitrator, putting forward to parties possible ways of reaching a peaceful settlement. From now on, the parties may involve a certified mediator for settlement of a dispute. The court proceedings in a court case are suspended for the period of mediation. The parties can conclude a settlement agreement, submit it to the court for approval and closing of the proceedings on the basis of the results from mediation.

It can be said in overall terms that changes in Ukraine’s judicial system are improving the mechanism of administration of justice and are consistent with the aim of ensuring effective protection of any right that may have been violated.