“When a dispute arises in an investment company for Ukraine, the state must guarantee its entry into its economic space. How to do it?”, – WRITE: www.pravda.com.ua
Business is aware that every jurisdiction has systemic diseases. In the commercial courts, the prompt consideration of cases is accompanied by high corruption risks. In administrative – Efficiency is reduced by overloading judges and possible dependence on the state apparatus. Therefore, despite the significant percentage of the won, there is no sufficient level of judicial protection.
In criminal specialization, key problems remain the lack of real guarantees of independence of judges from law enforcement agencies, mass decision -making on searches, opacity and poor argumentation of court decisions, as well as unjustified interference with economic activity. Criminal justice is often perceived not as a defense tool, but as a pressure lever, which enhances the sense of legal insecurity and the risks of raiding.
What does the statistics say According to the Kyiv International Institute of Sociology, in 2025 12% of citizens trust the judiciary, the prosecutor’s office – 9%, the SBU – 54%, the Armed Forces – 92%.
At the same time, the trust of CEO of business, according to its own observations, has increased somewhat, although it is still critically low. Lawyers, at least in public space, are more optimistic about the results of the transformation of the justice system in Ukraine.
Key claims to the functioning of the judicial system are traditional: corruption in specific lawsuits; personnel famine and, as a consequence, overload of courts and reducing the quality of justice; Defects of legislation.
Additional factors – the use of administrative resources, political influence on individual cases, incompleteness of reform of the system of enforcement of court decisions.
What is the business expected For the investor, key expectations from the judicial system are clearness, predictability, transparency of procedures, prompt resolution of disputes and inevitability of punishment in case of violation of his rights and interests.
In the absence of these basic guarantees, it is the business, not the state, carries unforeseen expenses, destroying trust and stopping investments. Money is either in the best jurisdiction, or conflicts are resolved in alternative ways. Both the first and the second destroys not only the economy, but also the ability of the state to survive.
Judicial reform and investment After the fighting, Ukraine will inevitably become the object of large -scale reconstruction. This will require tremendous external investments – both private and state. However, no international or national investor will invest in a country where there is no guarantee of fair and independent justice.
Without deep judicial reform with real mechanisms for the protection of property rights, predictability of jurisprudence and trust in the referee, Ukraine’s investment attractiveness will be critically low. The judicial system should be not only a guarantor of justice, but also the foundation for the economic restoration of the country.
Do judges alone have to be responsible for systemic diseases? They do not live in vacuum, but are part of the state ecosystem and are often very dependent on it.
I will give a brief elimination about the key stages of judicial reform, which, provided they are synchronous execution can have a real positive effect.
It is a set of key factors: the effective structure of courts and the development of specialization of judges; personnel strengthening and alignment of load; regular qualification assessment and mechanisms of self -regulation of the system; effective judicial self -government, capable of resisting external pressure and reputational challenges; Transparent and effective procedures for prosecuting unscrupulous judges, whose effectiveness depends on the work of the High Council of Justice.
Digitalization and simplification of procedures, alternative ways to settle disputes, including mediation, legislative and enforcement stability in combination with financial and institutional guarantees are also important.
The lion’s share of these options is in the area of responsibility of the judicial system. Judges can and are able to reform. Observing it from the outside, it is unfair that the system is not changing, but the pace does not meet the requirements of real time.
Businesses do not accurately suit the current rates of combating corruption in the field of justice, instability of jurisprudence, chaotic of checks on manifestations of law enforcement and judicial pressure and sudden searches. For the investor, critically unacceptable factors that cannot be predicted. Business does not tolerate surprises and demonstrative shows. He needs legal stability, guarantees, protection and legal expertise of arbitrators, which the state appointed for this mission.
If the business does not trust the state arbitrator and the results of reforms, then perhaps the state approach is wrong. Options for solving these problems can be different.
Business and investment in courts can be carried out with the participation of qualified specialists. Strengthening the role of the Supreme Anti -Corruption Court and other specialized instances, involvement of experts will increase the quality and depth of consideration, allow not all business operations to be associated with criminal offenses. In commercial courts, this will definitely not be superfluous to solve business spores.
In the contractual sphere there is a concept of “essential transaction”. Why can’t it be incorporated into the judicial system? When a dispute arises in an investment company for Ukraine, the state must guarantee its entry into its economic space. It should protect this investment that has come or can be scale in Ukraine.
Alternatively – the creation of investment colleges, in particular with the participation of independent international economists, specialists in the field of investment, commercial arbitrators. This can turn the judicial system from a source of risks into a reliable business partner.
In general, the set of measures should be wide: resolving the issue of personnel famine in courts; ensuring independence and integrity; rebooting of judicial government; inevitability of punishment of judges and law enforcement officers who initiate illegal pressure on business; improving efficiency and transparency; complete digitalization of court services; shortening of consideration; full specialization of judges, development of arbitrations; Communication policy.
These steps will help to turn the judicial system from a source of risks to a reliable partner that provides a fair protection of business rights.
The column is a type of material that reflects only the author’s point of view. It does not claim the objectivity and comprehensive coverage of the topic in question. The point of view of the Economic Truth and the Ukrainian The truth “may not coincide with the author’s view. The editorial board is not responsible for the accuracy and interpretation of the information provided and plays the role of the carrier exclusively.