Whenever the topic of Ukraine’s reconstruction arises, most people tend to think of physical infrastructure such as roads, bridges, homes, and hospitals. But real national recovery does not start with bricks and concrete. It begins with trust. And there is no better test of trustworthiness than the rule of law.
Ukraine is currently fighting for national survival against Russia’s ongoing invasion. Once this battle is won, the most important challenge facing the country will be judicial reform. If Ukraine is to emerge in the postwar years as a stable and prosperous European democracy, the process of recovery and renewal must be based on the firm foundations of a strong justice system. This is not a mere slogan; it is an absolute necessity.
Judicial reform is the key to the country’s entire future economic development. Investors will not come to Ukraine if contracts cannot be enforced or if property rights can be bought and sold through corruption. That is the message Ukraine’s international partners have been repeating consistently for many years. With the massive task of postwar rebuilding looming on the horizon, this message is now arguably truer than ever.
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Once the war ends, Ukraine can expect to receive unprecedented international support as foreign governments seek to participate in what promises to be Europe’s largest reconstruction initiative since the years following World War II. While donor funding from partner countries is likely to be very significant, this will not be nearly enough to cover the estimated rebuilding price tag of around half a trillion US dollars. Instead, much of this money must come from the private sector. However, unless Ukraine has a transparent, reliable, and efficient justice system, private capital will stay away.
If Ukraine hopes to become a success story, it needs courts that can settle disputes fairly, whatever the issue. If legal cases are tainted by bias or drag on for years, this will serve as a major red flag to all potential investors. For this reason, Ukraine’s courts should be recognized as a key element of the country’s infrastructure that is every bit as vital to national recovery as roads or power lines. After all, the justice system serves as the legal framework that makes it possible to build everything else.
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Despite the ongoing war, Ukraine has made real progress in recent years toward meaningful judicial reform. This has included the reform of key institutions like the High Court of Justice, along with the launch of new processes to improve the selection of Constitutional Court judges. It is now crucial to build on this momentum.
Judicial reform must be deep, deliberate, and closely tied to Ukraine’s European future. With this in mind, it is important to maintain the current dialogue with the Venice Commission and use its recommendations to shape genuine change. One of the most effective tools to help achieve this change is the participation of international experts. Their role is not to control the process, but rather to help ensure fairness, transparency, and accountability.
As Ukraine looks to create the conditions for national reconstruction, one judicial reform initiative currently being backed by the Ukrainian parliament is the creation of specialized courts to handle issues like land rights and construction disputes. These courts could help speed up vital cases and take pressure off the existing judicial system.
Work is also continuing toward greater digitalization within the justice system, from electronic courts to online case tracking. Much more can be done in this direction. Other tech savvy countries such as Estonia and Singapore are currently leading the way in digital justice. Ukraine can build something just as bold using tools like blockchain and AI. The expanded use of technology can improve the efficiency of Ukraine’s courts, while also boosting trust levels and leading to greater transparency.
Creating a fully functioning and internationally credible justice system is the necessary starting point for everything else Ukrainians want to achieve, from economic strength and prosperity to the rule of law and a greater sense of national security. It can encourage investors to bet on Ukraine, and can help persuade Ukrainians currently living abroad to return home. Ultimately, judicial reform can serve as a national anchor confirming Ukraine’s place in the heart of Europe.
Amid the horror and the trauma of Russia’s ongoing invasion, Ukrainians now have a once-in-a-generation opportunity to achieve transformational change in the country’s justice system. We must not miss this chance.
Oleksandr Vasiuk is a member of the Ukrainian parliament for the Servant of the People party and head of the Ukraine-USA Strategic Partnership cross-party association.
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The views expressed in UkraineAlert are solely those of the authors and do not necessarily reflect the views of the Atlantic Council, its staff, or its supporters.
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