Theoretical and Legal Reasoning of the Necessity to Implement an Institute of Justice of the Peace in Ukraine

The article is devoted towards the theoretical and legal reasoning of the necessity to implement an institute of Justice of the Peace in Ukraine. Both the current condition and the main problems of judicial power are examined, regarding whether there is an objective necessity of creation of Justices of the Peace in Ukraine. The fact, that the need of creation and functioning of JPs (as a part of judicial system) in modern Ukraine is required due to a demand to search for scientifically proven ways of solving such problems of Ukrainian judicial power as: low level of authority of the judiciary; a need of greater access to justice; excessive workload in the local courts; failure to hear cases in a reasonable time; inequality between the object of the dispute in minor cases and the time, money and efforts required by a complicated multi-phase procedure; hidden potential of stabilization of social relations by peaceful settlements of legal disputes, is being evidenced. It has been established, that specifying a necessity of granting real access to justice in European recommendations by the means of: - simplifying procedures and reducing any excessive workload of the courts, in particular through entrusting the judge, as one of his principal tasks, with responsibility for seeking a friendly settlement of the dispute; - acceleration of trial, - reduction of court fees; implementation of special procedures for minor disputes, - may serve as a legal ground for creation of JPs in Ukraine, (since foreign practice of operation of JPs demonstrates, that the means of gaining access towards justice, mentioned in the European acts, are the features of functioning of the latter).