scholarly journals The Ukrainian Judiciary under 21st-Century Challenges

2020 ◽  
Vol 3 (2-3) ◽  
pp. 78-99
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
International Strategy ◽  
Access To Justice ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Administration Of Justice ◽  
Historical Past ◽  
Normative Foundations ◽  
The Eu

managed to modernize its legal system to a level of proper efficiency. This is largely due to the dichotomy of the previous international strategy of our state between the two vectors of development, the old eastern and the new western one, which actually retarded the movement forward. The contradiction between these views on the prospects of Ukraine’s development of the younger generation and the generation that continued to carry the memory of its historical past, was no less significant. Corruption is deeply rooted in the system of public administration and was purposefully supported by internal and external opponents of Ukraine’s independence and overcoming these relics is a fundamental task in asserting sovereignty. Remnants of the post-Soviet legal doctrine, which preserve the defining categories of judicial law in an ossified form, such as ‘court’, ‘judiciary’, ‘justice’, have become a serious obstacle to the formation of the new state and its legal system. This significantly limits the ability to ensure effective legal regulation of relations connected with the administration of justice in the state. An overview of the theoretical and normative foundations that underlie the Ukrainian judiciary and the justice system points to obvious gaps and inconsistencies. It is indisputable that the modernization of the legal system of Ukraine, in particular, in the sphere of the organization of the judiciary, requires a renewed scientific vision based on the doctrine of judicial law and which should attempt to combine Ukrainian traditions and the Western European viewpoint. Key words: access to justice, rule of law, court, judiciary, judicial law, the EU-Ukraine Association Agreement, COVID-19 pandemic, justice under COVID-19.

Legal policy of Ukraine in the conditions of integration into the European Union

2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal System ◽  
Main Body ◽  
The European Union ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Legal Policy ◽  
The Status ◽  
The Eu

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.

scholarly journals Reforming of legislation on the residues of veterinary medicinal products in foodstuffs of animal origin as a component of Ukraine food security

2020 ◽  
Vol 22 (100) ◽  
pp. 108-115
Author(s):  
I. Berezovska
Keyword(s):  
Food Security ◽  
Legal Regulation ◽  
Economic Security ◽  
Animal Origin ◽  
The European Union ◽  
Medicinal Products ◽  
Association Agreement ◽  
National Legislation ◽  
The Eu ◽  
Veterinary Medicinal Products

It is known that the food security of the state, aimed at providing the population with quality and healthy food, is an important component of economic security. Recent developments in the world and national security challenges posed by the Covid-19 virus pandemic necessitate a reassessment of approaches to the legal regulation of issues that significantly affect human health. Today, the reform of the relevant national legislation on FAR residues in food requires a systematic and holistic approach and the definition of its priorities in such a way as to promote food safety and the development of domestic business. The article is devoted to the analysis of the current Ukraine legislation concerning regulation of residues of veterinary medicinal products in foodstuffs of animal origin. It was shown that the formation of such legislation was due to the development of international trade, including the fulfilment of the European Union requirements for the safety of foodstuffs imported into its market. At the same time, the conclusion of the Association Agreement and the introduction of a Free trade zone with the EU was a significant impetus to the reforming of national legislation on residues. The analysis of EU regulations, which serves as a legal basis for the residues control at the EU level, was carried out. It is noted that today in the Ukrainian legislation, despite the introduction of annual national plans for state monitoring of residues of veterinary medicinal products and contaminants in live animals and unprocessed foodstuffs of animal origin, there are a number of gaps that require urgent legislative regulation. It was proved that the completion of the reform of the national legislation on residues will contribute to improving safety of domestic foodstuffs, and therefore, will have important positive consequences not only for the development of trade with the EU, but primarily for the food security of Ukraine and the protection of the health of Ukrainian citizens.

Role of Advocates in Administration of Justice

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
S. S. Upadhyay
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Access To Justice ◽  
Special Relationship ◽  
The Public ◽  
Moral Standards ◽  
Administration Of Justice ◽  
Relationship Of

Lawyers play an important part in the administration of justice. The Profession itself requires the safeguarding of high moral standards. As an officer of the Court the overriding duty of a lawyer is to the Court, the standards of his profession and to the public. Since the main job of a lawyer is to assist the Court in dispensing justice, the members of the Bar cannot behave with doubtful scruples or strive to thrive on litigation. This paper deals in Legal framework of duty and liability of advocate supported with Judicial Pronouncement. The main emphais on special relationship of bar bench and agreed and persons of the society for protection of their human rightrs. Legal community and advocates are inseparable and important part of robust legal system and they not only aid in seeking access to justice but also promote justice. Judges cannot perform their task of dispensing justice effectively without the able support of advocates. In that sense, advocates play an important role in the administration of justice.

14. Review of Legality:

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial Review ◽  
Time Limit ◽  
Access To Justice ◽  
The European Union ◽  
Treaty Provision ◽  
The Eu ◽  
Academic Debate ◽  
Do So

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6).

scholarly journals Legal Regulation of Energy Safety in Ukraine and the European Union: Problems and Perspective

2019 ◽  
Vol 8 (3) ◽  
pp. 439
Author(s):  
Ievgenii Shulga ◽  
Volodymyr Kurylo ◽  
Inna Gyrenko ◽  
Serhii Savych
Keyword(s):  
Legal Regulation ◽  
General State ◽  
The European Union ◽  
Association Agreement ◽  
Strategy Of Development ◽  
Single View ◽  
Current State ◽  
Legal Security ◽  
Energy Law ◽  
The Eu

Nowadays in Ukraine there is no single view on understanding of the strategy of development of energy safety, which profoundly and negatively affected the general state of national safety of the country. The purpose of the article is to analyze the current state of legal security of energy safety in Ukraine, check it for compliance with its obligations under the Association Agreement with the EU and other EU acts that proclaim the standards in the field of energy safety. This paper refers to the experience of the EU energy safety legislation. Furthemore, this study provides analysis of Ukrainian legislation in this field, draws attention to the existing conflicts and gaps, emphasizing the need to optimize legislation of Ukraine's energy safety according to the EU standards. Keywords: energy safety, energy law, the EU energy safety, energy safety of Ukraine, legislation of energy safety, adaptation of Ukrainian energy legislation to the EU standards.

scholarly journals AN OVERVIEW OF FINANCIAL LAW AS AN INDEPENDENT BRANCH OF THE LEGAL SYSTEM OF THE REPUBLIC OF BULGARIA

2019 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Savina Mihaylova Goleminova
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Traditions ◽  
Eu Membership ◽  
Current Trends ◽  
The Republic ◽  
Functional Point ◽  
Independent Branch ◽  
The Eu

<p class="Otherdata">The present article aims to provide an overview of financial law as an independent branch of the legal system of the Republic of Bulgaria from a both historical and functional point of view, in the context of its traditions and current trends, which reflect the financial and legal system of the EU. The EU membership of Bulgaria holds numerous challenges and requires the mobilisation of the intellectual and physical potential of all stakeholders involved. Financial law is one of the most dynamic fields of legislation and case-law. The financial legal doctrine addresses the new challenges, building on constitutional, financial and administrative legal traditions and practices in the field of administrative justice in Bulgaria following the Tarnovo Constitution.</p>

scholarly journals Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

2020 ◽  
pp. 352-356
Author(s):  
Anna Kochkova ◽  
Maryna Dei
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Judicial System ◽  
Labor Rights ◽  
Judicial Reform ◽  
Council Of Europe ◽  
Association Agreement ◽  
The Impact ◽  
Selection Of ◽  
The Eu

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

The Impact of the Court of Justice of the European Union on the Georgian Legal System

2020 ◽  
pp. 241-262
Author(s):  
Gaga Gabrichidze
Keyword(s):  
European Union ◽  
Legal System ◽  
Competition Policy ◽  
Case Law ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
The Eu

This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.

The Impact of the Court of Justice of the European Union on the Legal System of Ukraine

2020 ◽  
pp. 173-198
Author(s):  
Roman Petrov
Keyword(s):  
European Union ◽  
Legal System ◽  
Case Law ◽  
The European Union ◽  
Association Agreement ◽  
Legal Reforms ◽  
Effective Implementation ◽  
Court Of Justice ◽  
Integration Project ◽  
The Eu

This contribution looks at the application of EU case law by the Ukrainian judiciary in the course of implementation of the EU–Ukraine Association Agreement, which triggered unprecedented political, economic, and legal reforms in Ukraine. Several issues form the focus of consideration in the chapter. The first issue is the evolution of EU–Ukraine relations and reform of the Ukrainian legal system and judiciary in the course of the ‘Europeanization’ of Ukraine since its independence in 1991. The second issue is effective implementation and application of the EU–Ukraine Association Agreement within the Ukrainian legal order and its compatibility with the Ukrainian Constitution. The latest political and legal developments in Ukraine are analysed through the prism of effective implementation of the EU–Ukraine Association Agreement and the rise of pro-European reforms of the Ukrainian judiciary since the ‘Maidan Revolution’/‘Revolution of Dignity’ in 2014. In conclusion, it is argued that the EU–Ukraine Association Agreement enhanced the adaptability of the national constitutional order to the European integration project and reinvigorated judicial activism by Ukrainian judges to refer to the case law of the Court of Justice of the European Union (CJEU).

15. Review of Legality: Access

EU Law ◽  
2020 ◽  
pp. 540-575
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Legal System ◽  
Judicial Review ◽  
Time Limit ◽  
Access To Justice ◽  
The European Union ◽  
Treaty Provision ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6). The UK version contains a further section analysing the relevance of legal challenge to EU norms in relation to the UK post-Brexit.

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