Current state of the Ukrainian Judicial System

The principles for ensuring justice are set out 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.

And yet 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 to genuinely establish an independent judicial system.

Ukraine has a three-level system of justice. It encompasses local courts, courts of appeal, and the Supreme Court of Ukraine, which is the highest court in the Ukrainian 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. Judgements made by local courts, as a rule, 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 and other disputes between business entities, cases regarding 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 concerning 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 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 the appeal. The decision of a court of appeal comes 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 the decisions of international commercial arbitration in Ukraine.

In 2023, a competition for the positions of judges of courts of appeal was announced. On 15 August 2025, the High Qualification Commission of Judges of Ukraine identified 42 winners of the competition for administrative courts of appeal and 55 winners of the competition for commercial courts of appeal.

On 28 April 2025, the selection process for judges for 425 vacant positions of judges of general courts of appeal was launched. A total of 706 candidates will participate in the selection process. The selection itself will be divided into three rounds, each of which will include several courts of appeal exercising jurisdiction over the corresponding region in Ukraine.

The highest instance in the system of courts is the Supreme Court, which began 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 generalizes 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 Constitutional Court consists of the Grand Chamber, two senates, and six panels.

The most recent landmark decision of the Constitutional Court of Ukraine was the decision of 3 December 2025, which found certain provisions of the Law of Ukraine On the Prosecutor’s Office to be inconsistent with the Constitution of Ukraine (unconstitutional). These provisions allowed a prosecutor to represent the interests of the state in court in cases where a public authority competent in the relevant matter had failed to protect or had inadequately protected those interests. In effect, this decision of the Constitutional Court of Ukraine significantly narrowed the powers of the prosecutor’s office to participate in court proceedings unrelated to criminal prosecutions, which will potentially reduce the number of disputes with business entities initiated by the prosecutor’s office.

The Law of Ukraine On the Judicial System and Status of Judges provides for the functioning of Higher specialized courts in Ukraine.

The High Anti-Corruption Court of Ukraine began to operate 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.

In order to fill vacancies at the High Anti-Corruption Court of Ukraine and its appellate chamber, a competition was announced on 3 June 2025, which attracted 205 applicants; however, only 73 candidates were able to pass the examinations, and only 22 finalists were admitted to the final stage of the ranking process following interviews with international experts. The materials of the compiled ranking will be forwarded to the High Council of Justice, which will submit a recommendation to the President of Ukraine for the appointment of the winners to their positions.

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. The competition for the High Intellectual Property Court was announced back in 2017–2018, though the process of establishing the court has been delayed due to procedural issues and interruptions in the work of the commission. Although over 200 candidates were admitted, the establishment of the court remains incomplete, and discussions regarding its necessity are 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, particularly those regarding appeals against decisions, actions, or inaction of the Cabinet of Ministers, ministries, the National Bank of Ukraine, and other public authorities operating at national level.

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

On 29 October 2025, the High Qualification Commission of Judges of Ukraine announced a competition for the positions of judges of the Specialized District Administrative Court and the Specialized Appellate Administrative Court. The first stage of candidate testing (on knowledge of the history of Ukrainian statehood) is scheduled for 7 April, 2026, and the second stage (cognitive ability testing) for 14 April, 2026. Following the testing, candidates will be assessed for compliance with integrity and professional competence criteria, which will be conducted with the support of an Expert Council, including three international experts.

Since 2024, the implementation of e-justice in Ukraine has reached a new level. 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, these persons are required to perform procedural actions and exchange documents with the court in electronic form, and the absence of an electronic court account will entail adverse procedural consequences. These trends have continued into 2025.

Due to the forced change of residence of participants in judicial proceedings caused by the armed aggression of the russian federation, the use of the right to attend court hearings via videoconference has increased significantly. 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.

The Ukrainian 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.

On 9 April 2025, a Law of Ukraine aimed at strengthening the protection of the rights of a bona fide purchaser entered into force. This Law establishes a preclusive 10-year limitation period for public authorities and the prosecutor’s office to bring court claims for the recovery of property (land, real estate) acquired by a bona fide purchaser. This rule does not apply to strategic assets, critical infrastructure, defence lands, nature reserve fund lands, and cultural heritage sites.

Furthermore, if a court decides to recover property from a bona fide purchaser, the state is obliged to compensate them for the market value of such property, having previously deposited the corresponding amount with the court.

There have also been changes in bankruptcy procedures. On 1 January 2025, a Law implementing Directive 2019/1023 of the European Parliament and of the Council and introducing preventive restructuring frameworks came into force. The new procedure will allow debtors to settle their obligations to creditors prior to the opening of bankruptcy proceedings, while preserving economic activity and business stability. Ukrainian legislation is becoming more predictable and attractive to investors. The existing procedures are undergoing improvement, which will enhance confidence in Ukraine’s business environment. The mechanisms of interaction between debtors and creditors will be simplified. The reduction of costs and time will encourage business development and increase the efficiency of the procedures.

General trends associated with changes to 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. Procedural legislation previously only provided for the procedure for dispute settlement with the participation of a judge, under which the court acted as an arbitrator, putting forward to the parties possible ways of reaching a peaceful settlement. From now on, the parties may enlist 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 close the proceedings on the basis of the results from mediation.

It can be said in general terms that changes in the Ukrainian Judicial System are improving the mechanism for administering justice and are consistent with the aim of ensuring effective protection of any right that may have been violated.