Law of Ukraine
Encyclopedia
The legal system of Ukraine
is based on the framework of civil law
, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law
are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law
, and traditional Ukrainian customary law. The new civil law books (enacted in 2004) were heavily influenced by the German Bürgerliches Gesetzbuch
.
The primary law making body is the Ukrainian Parliament
(Verkhovna Rada), also referred to as the legislature . The power to make laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. In recent years, it has become common for the legistature to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipality).
Ukrainian politicians
and analysts have described the system of justice in Ukraine as "rotten to the core".
, Private law
, and International law
.These areas of the legal system are further subdivided into Civil law
(including Family law
, Inheritance law, Contract law and Commercial law
, Law of Obligations
, Property law
, Intellectual property law, Companies law, Land law, and Tort law), Criminal law
, Penal Law
, Constitutional law
(including laws on the structure of the state), Administrative law
, and International law
.
regulates the everyday life of citizens and other legal entities, such as corporations. The main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of legal entities. The code introduces new types of business contracts into the legal practice, including factoring, franchising
, rent service, and inherited contracts. Civil litigation is governed by the Civil Procedural Code of Ukraine.
deals with the prosecution and punishment of criminal offenses. The Criminal Code of Ukraine contains the written criminal laws of Ukraine. There is no capital punishment
in Ukraine. The maximum criminal punishment is life imprisonment
, which can be reduced by decree of the President of Ukraine
to 25 years of imprisonment, but only after 20 years of sentence service. The Parliament of Ukraine has the power of amnesty
for prisoners not serving life sentences. Criminal proceedings, investigation, and court examination in criminal trials are regulated by The Criminal Procedural Code of Ukraine, which has not changed since 1962 when Ukraine was a republic of the Soviet Union.
frames the constitution and the structure of Ukraine. It regulates the powers of democratic institutions, the organization of elections and the division of power between central and local government. See also the article on the Constitution of Ukraine
. Only the Constitutional Court of Ukraine is allowed to determine the constitutionality of laws created by the legislature.
is the area of law that regulates the operation of the various levels of Ukrainian Government, including the process for people and legal entities to appeal decisions by the government. This code is referred to as the Administrative Code of Ukraine.
, also referred to as the Law of Nations, involves the application of international laws in Ukraine. International agreements, ratified by the Parliament of Ukraine, are a part of Ukrainian legislation. The Constitution of Ukraine allows the direct application of most international laws in Ukrainian courts. If an international agreement of Ukraine prescribes rules other than those set by the Law of Ukraine, the rules of that international agreement shall apply. Laws regulating jurisdiction with an international aspect, such as because parties come from different countries, are not part of international law, but form a specific branch of civil law.
On September 2005, the Law of Ukraine on Private International Law was enacted. The Law sets the procedure for the regulation of private legal relations which are subject to other legal systems in addition to that of Ukraine.
, civil liability, which is imposed by local courts in the form of decision, administrative liability, which is imposed by administrative courts in form of decision, and disciplinary liability, which is imposed by superior officials or specially created organizations.
s are imposed by the Supreme Council of Ukraine. Attorneys at law
are imposed by the Disciplinary Bar Commission. Notaries are imposed by the Ministry of Justice of Ukraine. Public prosecutors are imposed by regional Superior officials. Policemen are imposed by Superior officials.
is a supreme law of Ukraine. Laws and other legislation should be adopted on its basis and conform to it.
Because Ukrainian legal system is code-based, there are a number of codified laws in the main spheres of national legislation. These include:
Only the Parliament of Ukraine is entitled to issue normative acts in the form of laws. The laws of Ukraine are the highest normative acts in Ukraine.
The secondary legislation of Ukraine comprises other normative acts including decrees, resolutions, and orders issued by the President of Ukraine, Cabinet of Ministers of Ukraine, National Bank of Ukraine, ministries and other state agencies. They are adopted on the basis and in realization of the general provisions of laws.
Courts in Ukraine are divided by jurisdiction
including constitutional courts, general (criminal and civil jurisdiction) courts, economic courts, and administrative courts. There is also the Constitutional Court of Ukraine
, the Supreme Court of Ukraine
, Appellate Court
s (in every Region oblast
of Ukraine), and District Court
s in every city
, town
, or raion
(which is a subdivision of oblast). As well, there is the High Administrative Court of Ukraine, Local Administrative Courts in every administrative district, usually oblast
, the High Economic Court of Ukraine, Local Economic Courts in every administrative district, usually oblast
, and Military court in every Appellate Court in every regional oblast
. There is also the Tertiary Court created in accordance to the law "On Tertiary Court" and registered in Ministry of Justice of Ukraine.
In order to become a judge
in Ukraine, one must be 25 years old. Newly inducted judges are appointed by the President of Ukraine and serve for five years. Afterwards, judges are elected for life by the Parliament of Ukraine. Judges are not elected by the citizenry as practiced in many western countries. The judicial branch of power in Ukraine is not completely independent. To detain or arrest a judge, special permission by the Parliament of Ukraine is needed.
A judge shall not refer to political parties and trade unions, as well as participate in any political activity, have representative mandate, occupy any other paid posts, or do any other paid work except that which is scientific in nature, teaching or creative value. According to the law, a judge, while executing justice, shall follow the Constitution and the laws of Ukraine and shall ensure full, thorough and objective consideration of the cases adhering to the terms set by law. They are also obliged to take measures concerning prevention of unauthorized dissemination of the information the state and/or commercial entity considers secret or is confidential and became known to him/her in the process of doing official duties. Moreover, the Law requires a judge to refrain from the actions that defame a judge and may cause doubt that she/he is objective, as well as unprejudiced and independent.
The Law sets the system of guarantees of judge's professional activity which are necessary to approve unprejudiced and objective decisions. The Law guarantees to judges their personal immunity, secrecy of court decisions, legal protection, as well as material and social provision. The Law also prohibits any not envisaged by law interference in judge's activity concerning justice execution, detention or arrest of a judge without the consent of the Verkhovna Rada until bill of indictment concerning him/her is carried out by the court.
degrees (about 3 years for full-time students and 4 years for part-time students) and higher Master of Laws
degrees (about 5 years for full-time students and 6 years for part-time students). In the Soviet times, the only degree was Specialist, which is equivalent to a current Master's degree, and is now discontinued. The diploma is awarded by authorities of the State Examination Board of University. The University Diploma gives people the right to get involved in professional legal activities in Ukraine as a legal consultant. The only exception is for judges and attorneys who must take an additional state exam.
s in Ukraine are the Candidate of Science of Jurisprudence (CSJ) and Doctor of Science of Jurisprudence (DSJ), equivalent to Doctor of the Science of Law (L.Sc.D.)
The Diploma
is awarded after the successful defense of dissertation (thesis
) by the Higher Attestation Commission
(VAK). Full text of all defended dissertations are kept in the Vernadsky National Library of Ukraine
.
A database of all practicing Doctors of Science of Jurisprudence is maintained by the Ministry of Education of Ukraine
.
of a university is one who has the right to teach. The qualifications include one dissertation (CSJ) and demonstrating the competence of conducting scientific research independently.
of a university is one who has the right to teach. The qualifications include one dissertation (doctoral degree (DSJ)) and demonstrating the competence of conducting scientific research independently.
of Law.
. Law offices are maintained by the Attorneys Associations who register it as a law firm
in the Ministry of Justice, and are awarded state certification.
The Constitution of Ukraine defines an attorney's work as "securing the right for protection against accusation and provide legal assistance while considering cases in courts and other state bodies in Ukraine". In this case, the Law “On the Bar” defines the Bar as a voluntary professional public association.
An attorney in Ukraine can be a person who has higher legal education, stated by the diploma of Ukraine, or in line with the international treaties of Ukraine diploma of a foreign country, the work experience in the field of law no less than two years, fluent in the Language of the State, has passed a qualification exam, received a certificate entitling him to practice law, and taken the Ukrainian Oath of the Attorney.
The Law determines that attorneys cannot hold a previous conviction. The Law also stipulates that the attorney cannot work in court, a prosecutor's or state notary's office, bodies of internal affairs, security service, or state administration bodies.
In order to defend a person charged with criminal offense, an attorney must have a certificate entitling him to practice law (issued by Regional Qualification- Disciplinary Bar Commission) or a Power of Attorney letter.
There are 25 Regional Qualifications- Disciplinary Bar Commissions in Ukraine: each in every Region (oblast
) and one in the City of Kiev
and the City of Sevastopol
.
A list of Attorneys is kept and published by the Supreme Qualification Bar Commission of the Cabinet of Ministers of Ukraine.
A list of law firm
s is kept and published on the official website of Ministry of Justice of Ukraine.
in Ukraine is based on the guidelines set forth by the law entitled "On Notariate". According to the law, the Notariate is a system of bodies and officials obliged to certify rights, certify facts that have legal force and perform other notary actions as stated in the law with the purpose of giving them legal force.
In Ukraine, notary operations are carried out by state notaries, private notaries or officials of executive bodies of local (village, settlement, city) councils, if there are no notaries therein. The difference between state and private notaries is the service fees imposed by public notaries are fixed by the state, whereas the only aspect regulated by the State in regards to private notaries is the price floor.
Any person who considers occupation of the notary post must be a citizen of Ukraine, have higher legal education (university, academy, institute), work on probation during 6 months in a state notary office or at private notary, pass a qualification exam and receive a certificate permitting notary actions. A person with any outstanding convictions cannot be a notary by law.
The Certificate permitting notary activities may be abrogated by the Ministry of Justice of Ukraine in the following cases:
- on notary's own initiative;
- loss of Ukrainian citizenship or departure to permanent residence outside Ukraine;
- notary's non-conformity to the occupied post because of health condition preventing him from accomplishment of notary activities;
- coming into force of conviction sentence against notary.
Notaries are not allowed by law to work in courts, police, and prosecutor offices, nor represent citizens in courts or any other government offices. The major role of notaries in Ukraine is to notarize documents and contracts between persons in accordance to Civil Code of Ukraine. Every notarized document, agreement, contract, etc. is issued on numerated, special paper form, protected by security features and is registered in the notary's records which is kept after completion in regional (oblast
) archives indefinitely. A notary database is kept and accessible to public on the official website of the Ministry of Justice of Ukraine. As of 2007, about 13,000 registered notaries practice in Ukraine.
are carried out under official authority by law enforcement personnel
such as the Police
, the tax police (tax militia) , Public Procurator
s (Public Prosecutors), and the Security Service of Ukraine.
In Ukraine and other civil law jurisdictions, the jury
holds equal power to three professional judge
s. The jury
and judges first consider the question of guilt. Then, if applicable, they consider the penalty to apply. Juries are only used for severe felony cases with a ten-year or higher sentence.
As of 2007, the total prison population in Ukraine was 240,000 people out of the 48 million population.
Prisons in Ukraine are classified as pre-trial or remand prisons (SIZO), high security prisons, medium security prisons, and low security prisons.
Those who are charged with criminal offenses which entail sentencing for three years or more are arrested and held before trial in investigative isolaton during the period of criminal investigation and after sentencing is moved to the prison as indicated by the courts in the sentencing decision. Bail is rarely used by courts in Ukraine.
or (for foreigners) an alien
document. A person unable to provide passport is allowed to be arrested and held in police custody for up to 72 hours in order to establish the identity thereof.
Ukraine
Ukraine is a country in Eastern Europe. It has an area of 603,628 km², making it the second largest contiguous country on the European continent, after Russia...
is based on the framework of civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
, and belongs to the Romano-Germanic legal tradition. The main source of legal information is codified law. Customary law and case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
are not as common, though case law is often used in support of the written law, as in many other legal systems. Historically, the Ukrainian legal system is primarily influenced by the French civil code, Roman Law
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
, and traditional Ukrainian customary law. The new civil law books (enacted in 2004) were heavily influenced by the German Bürgerliches Gesetzbuch
Bürgerliches Gesetzbuch
The Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project....
.
The primary law making body is the Ukrainian Parliament
Verkhovna Rada
The Verkhovna Rada of Ukraine is Ukraine's parliament. The Verkhovna Rada is a unicameral parliament composed of 450 deputies, which is presided over by a chairman...
(Verkhovna Rada), also referred to as the legislature . The power to make laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. In recent years, it has become common for the legistature to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipality).
Ukrainian politicians
Politics of Ukraine
Politics of Ukraine take place in a framework of a presidential representative democratic republic and of a multi-party system. Executive power is exercised by the Cabinet. Legislative power is vested in the parliament...
and analysts have described the system of justice in Ukraine as "rotten to the core".
Areas
Ukrainian law is commonly divided into Public lawPublic law
Public law is a theory of law governing the relationship between individuals and the state. Under this theory, constitutional law, administrative law and criminal law are sub-divisions of public law...
, Private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
, and International law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
.These areas of the legal system are further subdivided into Civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
(including Family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, Inheritance law, Contract law and Commercial law
Commercial law
Commercial law is the body of law that governs business and commercial transactions...
, Law of Obligations
Law of obligations
The law of obligations is one of the component private law elements of the civil system of law. It includes contract law, delict law, quasi-contract law, and quasi-delict law...
, Property law
Property law
Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
, Intellectual property law, Companies law, Land law, and Tort law), Criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, Penal Law
Penal law
In the most general sense, penal is the body of laws that are enforced by the State in its own name and impose penalties for their violation, as opposed to civil law that seeks to redress private wrongs...
, Constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
(including laws on the structure of the state), Administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, and International law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
.
Civil law
Civil lawCivil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
regulates the everyday life of citizens and other legal entities, such as corporations. The main code of Ukrainian civil law is the Civil Code of Ukraine. It comprises provisions governing ownership, intellectual property rights, contracts, torts, obligations, inheritance law, and the definition of legal entities. The code introduces new types of business contracts into the legal practice, including factoring, franchising
Franchising
Franchising is the practice of using another firm's successful business model. The word 'franchise' is of anglo-French derivation - from franc- meaning free, and is used both as a noun and as a verb....
, rent service, and inherited contracts. Civil litigation is governed by the Civil Procedural Code of Ukraine.
Criminal law
Criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
deals with the prosecution and punishment of criminal offenses. The Criminal Code of Ukraine contains the written criminal laws of Ukraine. There is no capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in Ukraine. The maximum criminal punishment is life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
, which can be reduced by decree of the President of Ukraine
President of Ukraine
Prior to the formation of the modern Ukrainian presidency, the previous Ukrainian head of state office was officially established in exile by Andriy Livytskyi. At first the de facto leader of nation was the president of the Central Rada at early years of the Ukrainian People's Republic, while the...
to 25 years of imprisonment, but only after 20 years of sentence service. The Parliament of Ukraine has the power of amnesty
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
for prisoners not serving life sentences. Criminal proceedings, investigation, and court examination in criminal trials are regulated by The Criminal Procedural Code of Ukraine, which has not changed since 1962 when Ukraine was a republic of the Soviet Union.
Constitutional law
Constitutional lawConstitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
frames the constitution and the structure of Ukraine. It regulates the powers of democratic institutions, the organization of elections and the division of power between central and local government. See also the article on the Constitution of Ukraine
Constitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
. Only the Constitutional Court of Ukraine is allowed to determine the constitutionality of laws created by the legislature.
Administrative law
Administrative lawAdministrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
is the area of law that regulates the operation of the various levels of Ukrainian Government, including the process for people and legal entities to appeal decisions by the government. This code is referred to as the Administrative Code of Ukraine.
International law
International lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, also referred to as the Law of Nations, involves the application of international laws in Ukraine. International agreements, ratified by the Parliament of Ukraine, are a part of Ukrainian legislation. The Constitution of Ukraine allows the direct application of most international laws in Ukrainian courts. If an international agreement of Ukraine prescribes rules other than those set by the Law of Ukraine, the rules of that international agreement shall apply. Laws regulating jurisdiction with an international aspect, such as because parties come from different countries, are not part of international law, but form a specific branch of civil law.
On September 2005, the Law of Ukraine on Private International Law was enacted. The Law sets the procedure for the regulation of private legal relations which are subject to other legal systems in addition to that of Ukraine.
Commercial law
The Commercial Code of Ukraine describes the details for compliance with the Constitution of Ukraine's clauses for commercial activity. The Code regulates the fundamentals of commercial activity, including business entities, property basis, responsibility for violations, peculiarities of legal regulation, and foreign commerce.Types of corporations
- TOV (Товариство з обмеженою відповідальністю, ТОВ) - Ukrainian "Limited liability company" with obligate charter capital
- PP (Приватне Підприємство, ПП) - Ukrainian "Limited liability company" without obligate charter capital
- TDV (Товариство з додатковою відповідальністю, ТДВ) - Ukrainian "Additional liability company"
- PrAT, in past ZAT(Приватне акцiонерне товариство, ПрАТ) - Ukrainian "Private joint-stock company"
- PuAT, in past VAT (Публічне акцiонерне товариство, ПуАТ) - Ukrainian "Public joint-stock company"
Legal liabilities
Ukrainian legal liability includes constitutional liability, which is imposed on President or Deputy [Member of Parliament] by the Parliament of Ukraine, criminal liability, which is imposed by local courts in the form of sentencingSentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
, civil liability, which is imposed by local courts in the form of decision, administrative liability, which is imposed by administrative courts in form of decision, and disciplinary liability, which is imposed by superior officials or specially created organizations.
How positions are assigned
JudgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s are imposed by the Supreme Council of Ukraine. Attorneys at law
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
are imposed by the Disciplinary Bar Commission. Notaries are imposed by the Ministry of Justice of Ukraine. Public prosecutors are imposed by regional Superior officials. Policemen are imposed by Superior officials.
List of acts of parliament
The Constitution of UkraineConstitution of Ukraine
The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
is a supreme law of Ukraine. Laws and other legislation should be adopted on its basis and conform to it.
Because Ukrainian legal system is code-based, there are a number of codified laws in the main spheres of national legislation. These include:
- Civil Code of Ukraine
- Criminal Code of Ukraine
- Family Code of Ukraine
- Labor Code of Ukraine
- Land Code of Ukraine
- Water Code of Ukraine
- Natural Resources Code of Ukraine
- Administrative Code of Ukraine
- Budget Code of Ukraine
- Forestry Code of Ukraine
- Customs Code of Ukraine
- Maritime Code of Ukraine
- Housing Code of Ukraine
- Commercial Code of Ukraine
- Air Transportation Code of Ukraine
- Tax Code of Ukraine (pending)
- Code of Civil Procedure
- Code of Criminal Procedure
- Administrative Procedure Code
- Business Arbitration Code
- Prison Code
Only the Parliament of Ukraine is entitled to issue normative acts in the form of laws. The laws of Ukraine are the highest normative acts in Ukraine.
The secondary legislation of Ukraine comprises other normative acts including decrees, resolutions, and orders issued by the President of Ukraine, Cabinet of Ministers of Ukraine, National Bank of Ukraine, ministries and other state agencies. They are adopted on the basis and in realization of the general provisions of laws.
Courts system
Ukraine's court system is widely regarded as corrupt. Ukrainian judges have been arrested while taking bribes.Courts in Ukraine are divided by jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
including constitutional courts, general (criminal and civil jurisdiction) courts, economic courts, and administrative courts. There is also the Constitutional Court of Ukraine
Constitutional Court of Ukraine
The Constitutional Court of Ukraine is the sole body of constitutional jurisdiction in Ukraine. The Constitutional Court of Ukraine interprets the Constitution of Ukraine and decides whether laws and other legal acts are constitutional....
, the Supreme Court of Ukraine
Supreme Court of Ukraine
The Supreme Court of Ukraine is the highest judicial body in the system of courts of general jurisdiction in Ukraine.The Court derives its authority from the Constitution of Ukraine, but much of its structure is outlined in legislation...
, Appellate Court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s (in every Region oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
of Ukraine), and District Court
Judicial system of Ukraine
The judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this there was no notion of judicial review nor any Supreme Court since 1991's Ukrainian independence....
s in every city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
, town
Town
A town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
, or raion
Raion
A raion is a type of administrative unit of several post-Soviet countries. The term, which is from French rayon 'honeycomb, department,' describes both a type of a subnational entity and a division of a city, and is commonly translated in English as "district"...
(which is a subdivision of oblast). As well, there is the High Administrative Court of Ukraine, Local Administrative Courts in every administrative district, usually oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
, the High Economic Court of Ukraine, Local Economic Courts in every administrative district, usually oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
, and Military court in every Appellate Court in every regional oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
. There is also the Tertiary Court created in accordance to the law "On Tertiary Court" and registered in Ministry of Justice of Ukraine.
In order to become a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in Ukraine, one must be 25 years old. Newly inducted judges are appointed by the President of Ukraine and serve for five years. Afterwards, judges are elected for life by the Parliament of Ukraine. Judges are not elected by the citizenry as practiced in many western countries. The judicial branch of power in Ukraine is not completely independent. To detain or arrest a judge, special permission by the Parliament of Ukraine is needed.
A judge shall not refer to political parties and trade unions, as well as participate in any political activity, have representative mandate, occupy any other paid posts, or do any other paid work except that which is scientific in nature, teaching or creative value. According to the law, a judge, while executing justice, shall follow the Constitution and the laws of Ukraine and shall ensure full, thorough and objective consideration of the cases adhering to the terms set by law. They are also obliged to take measures concerning prevention of unauthorized dissemination of the information the state and/or commercial entity considers secret or is confidential and became known to him/her in the process of doing official duties. Moreover, the Law requires a judge to refrain from the actions that defame a judge and may cause doubt that she/he is objective, as well as unprejudiced and independent.
The Law sets the system of guarantees of judge's professional activity which are necessary to approve unprejudiced and objective decisions. The Law guarantees to judges their personal immunity, secrecy of court decisions, legal protection, as well as material and social provision. The Law also prohibits any not envisaged by law interference in judge's activity concerning justice execution, detention or arrest of a judge without the consent of the Verkhovna Rada until bill of indictment concerning him/her is carried out by the court.
Law schools
Ukraine has taken steps to reform its education frameworks in consistence with the Bologna process. By the mid-2000s, Universities grant lower Bachelor of LawsBachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
degrees (about 3 years for full-time students and 4 years for part-time students) and higher Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
degrees (about 5 years for full-time students and 6 years for part-time students). In the Soviet times, the only degree was Specialist, which is equivalent to a current Master's degree, and is now discontinued. The diploma is awarded by authorities of the State Examination Board of University. The University Diploma gives people the right to get involved in professional legal activities in Ukraine as a legal consultant. The only exception is for judges and attorneys who must take an additional state exam.
Post-graduate education
The post-graduate system has not been reformed. Law academic degreeAcademic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
s in Ukraine are the Candidate of Science of Jurisprudence (CSJ) and Doctor of Science of Jurisprudence (DSJ), equivalent to Doctor of the Science of Law (L.Sc.D.)
The Diploma
Diploma
A diploma is a certificate or deed issued by an educational institution, such as a university, that testifies that the recipient has successfully completed a particular course of study or confers an academic degree. In countries such as the United Kingdom and Australia, the word diploma refers to...
is awarded after the successful defense of dissertation (thesis
Thesis
A dissertation or thesis is a document submitted in support of candidature for an academic degree or professional qualification presenting the author's research and findings...
) by the Higher Attestation Commission
Higher Attestation Commission
Higher Attestation Commission is a name of a national government agency in Russia, Ukraine and some other post-Soviet states that oversees awarding of advanced academic degrees...
(VAK). Full text of all defended dissertations are kept in the Vernadsky National Library of Ukraine
Vernadsky National Library of Ukraine
The Vernadsky National Library of Ukraine is the main academic library and main scientific information centre in Ukraine, one of the world's largest national libraries. It is located in the capital of the country – Kiev. The library contains about 15 million items...
.
Fields of study
Scientific degrees awarded by VAK are classified into an established list of specialties, grouped into the following major sections.- 12.00.01 Theory of Law
- 12.00.02 Constitutional LawConstitutional lawConstitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
- 12.00.03 Civil LawCivil law (legal system)Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
- 12.00.04 Economic LawEconomic lawIn the legal system of the Soviet Union, economic law was the legal theory and system under which economic relations were a legal discipline independent of criminal law and civil law...
- 12.00.05 Labor Law
- 12.00.06 Land law
- 12.00.07 Administrative LawAdministrative lawAdministrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, Finance Law
- 12.00.08 Criminal LawCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
- 12.00.09 Criminal procedureCriminal procedureCriminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
- 12.00.10 Court system
- 12.00.11 International lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
- 12.00.12 Philosophy of Law
A database of all practicing Doctors of Science of Jurisprudence is maintained by the Ministry of Education of Ukraine
Ministry of Education (Ukraine)
The Ministry of Education and Science, Youth and Sport of Ukraine is the main body in the system of central bodies of the executive power. It is fully based on the former Ministries of Education and Science and Youth and Sport.-Structures:...
.
University docents
A docentDocent
Docent is a title at some European universities to denote a specific academic appointment within a set structure of academic ranks below professor . Docent is also used at some universities generically for a person who has the right to teach...
of a university is one who has the right to teach. The qualifications include one dissertation (CSJ) and demonstrating the competence of conducting scientific research independently.
University professor
A professorProfessor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
of a university is one who has the right to teach. The qualifications include one dissertation (doctoral degree (DSJ)) and demonstrating the competence of conducting scientific research independently.
Academican
The title Academician denotes a full member of the National Academy of SciencesAcademy of Sciences
An Academy of Sciences is a national academy or another learned society dedicated to sciences.In non-English speaking countries, the range of academic fields of the members of a national Academy of Science often includes fields which would not normally be classed as "science" in English...
of Law.
Corresponding Member
There also exists a lower-rank title, variously translated Corresponding Member or Associate Member of the National academy of Sciences of Law.Lawyers and law firms
Law is practiced in Ukraine by jurists (legal consultants), awarded a diploma after graduation from university, and attorneys at lawLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. Law offices are maintained by the Attorneys Associations who register it as a law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
in the Ministry of Justice, and are awarded state certification.
The Constitution of Ukraine defines an attorney's work as "securing the right for protection against accusation and provide legal assistance while considering cases in courts and other state bodies in Ukraine". In this case, the Law “On the Bar” defines the Bar as a voluntary professional public association.
An attorney in Ukraine can be a person who has higher legal education, stated by the diploma of Ukraine, or in line with the international treaties of Ukraine diploma of a foreign country, the work experience in the field of law no less than two years, fluent in the Language of the State, has passed a qualification exam, received a certificate entitling him to practice law, and taken the Ukrainian Oath of the Attorney.
The Law determines that attorneys cannot hold a previous conviction. The Law also stipulates that the attorney cannot work in court, a prosecutor's or state notary's office, bodies of internal affairs, security service, or state administration bodies.
In order to defend a person charged with criminal offense, an attorney must have a certificate entitling him to practice law (issued by Regional Qualification- Disciplinary Bar Commission) or a Power of Attorney letter.
There are 25 Regional Qualifications- Disciplinary Bar Commissions in Ukraine: each in every Region (oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
) and one in the City of Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
and the City of Sevastopol
Sevastopol
Sevastopol is a city on rights of administrative division of Ukraine, located on the Black Sea coast of the Crimea peninsula. It has a population of 342,451 . Sevastopol is the second largest port in Ukraine, after the Port of Odessa....
.
A list of Attorneys is kept and published by the Supreme Qualification Bar Commission of the Cabinet of Ministers of Ukraine.
A list of law firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
s is kept and published on the official website of Ministry of Justice of Ukraine.
Notaries
NotaryNotary
A notary is a lawyer or person with legal training who is licensed by the state to perform acts in legal affairs, in particular witnessing signatures on documents...
in Ukraine is based on the guidelines set forth by the law entitled "On Notariate". According to the law, the Notariate is a system of bodies and officials obliged to certify rights, certify facts that have legal force and perform other notary actions as stated in the law with the purpose of giving them legal force.
In Ukraine, notary operations are carried out by state notaries, private notaries or officials of executive bodies of local (village, settlement, city) councils, if there are no notaries therein. The difference between state and private notaries is the service fees imposed by public notaries are fixed by the state, whereas the only aspect regulated by the State in regards to private notaries is the price floor.
Any person who considers occupation of the notary post must be a citizen of Ukraine, have higher legal education (university, academy, institute), work on probation during 6 months in a state notary office or at private notary, pass a qualification exam and receive a certificate permitting notary actions. A person with any outstanding convictions cannot be a notary by law.
The Certificate permitting notary activities may be abrogated by the Ministry of Justice of Ukraine in the following cases:
- on notary's own initiative;
- loss of Ukrainian citizenship or departure to permanent residence outside Ukraine;
- notary's non-conformity to the occupied post because of health condition preventing him from accomplishment of notary activities;
- coming into force of conviction sentence against notary.
Notaries are not allowed by law to work in courts, police, and prosecutor offices, nor represent citizens in courts or any other government offices. The major role of notaries in Ukraine is to notarize documents and contracts between persons in accordance to Civil Code of Ukraine. Every notarized document, agreement, contract, etc. is issued on numerated, special paper form, protected by security features and is registered in the notary's records which is kept after completion in regional (oblast
Oblast
Oblast is a type of administrative division in Slavic countries, including some countries of the former Soviet Union. The word "oblast" is a loanword in English, but it is nevertheless often translated as "area", "zone", "province", or "region"...
) archives indefinitely. A notary database is kept and accessible to public on the official website of the Ministry of Justice of Ukraine. As of 2007, about 13,000 registered notaries practice in Ukraine.
Criminal justice system
Criminal InvestigationsCriminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
are carried out under official authority by law enforcement personnel
such as the Police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
, the tax police (tax militia) , Public Procurator
Public procurator
A public procurator is an officer of a state charged with both the investigation and prosecution of crime. The office is a feature of a civil law inquisitorial rather than common law adversarial system of law and is usually found in current or former communist states...
s (Public Prosecutors), and the Security Service of Ukraine.
In Ukraine and other civil law jurisdictions, the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
holds equal power to three professional judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s. The jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
and judges first consider the question of guilt. Then, if applicable, they consider the penalty to apply. Juries are only used for severe felony cases with a ten-year or higher sentence.
Prison system
The State Department of Ukraine for Enforcement of Sentences oversees the prison system of Ukraine.As of 2007, the total prison population in Ukraine was 240,000 people out of the 48 million population.
Prisons in Ukraine are classified as pre-trial or remand prisons (SIZO), high security prisons, medium security prisons, and low security prisons.
Those who are charged with criminal offenses which entail sentencing for three years or more are arrested and held before trial in investigative isolaton during the period of criminal investigation and after sentencing is moved to the prison as indicated by the courts in the sentencing decision. Bail is rarely used by courts in Ukraine.
Miscellaneous
In Ukraine, every person over 18 years of age must carry a passportPassport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
or (for foreigners) an alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
document. A person unable to provide passport is allowed to be arrested and held in police custody for up to 72 hours in order to establish the identity thereof.
See also
- Incarceration in UkraineIncarceration in UkraineIncarceration is one of the criminal punishments in Ukraine that is provided in the Criminal Code of Ukraine.- Assignment of punishment :Incarceration is provided by the Criminal Code of Ukraine for the most of crimes both as single punishment and as alternate punishment...
- Legal systems of the worldLegal systems of the worldThe legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
- Roman lawRoman lawRoman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
- Constitution of UkraineConstitution of UkraineThe Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible .Other laws and other normative legal acts of Ukraine...
- Ukrainian nationality law
- Income tax in Ukraine
- Law enforcement in UkraineLaw enforcement in UkraineLaw enforcement in Ukraine is the responsibility of a variety of different agencies.-Pre-20th Century:The history of law enforcement in Ukraine is a very complex one. Since the Ukrainian state has rarely existed throughout history, the history of law enforcement in Ukraine is largely related to the...
- Ukrainian copyright law
- Ministry of Justice (Ukraine)Ministry of Justice (Ukraine)The Ministry of Justice of Ukraine is the main body in the system of central bodies of the executive power that provides realization of a state legal policy. It is often abbreviated as Мiniust [України]...
- Law degreeLaw degreeA Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
- Courts
- Law schools of Ukraine
- Codification
- Legal Codes
- Criminal codeCriminal CodeA criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
- Civil CodeCivil codeA civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
- Types of corporationsTypes of corporationsThere are many types of business entity defined in the legal systems of various countries. These include corporations, cooperatives, partnerships, sole traders, limited liability company and other specialized types of organization...
- Types of companies
- Not-for-profit corporation
- Judicial system of UkraineJudicial system of UkraineThe judicial system of Ukraine is outlined in the 1996 Constitution of Ukraine. Before this there was no notion of judicial review nor any Supreme Court since 1991's Ukrainian independence....
- Candidate of LawCandidate of LawCandidate of Law is the degree awarded to jurists who have passed the law exam in Denmark, Norway, Sweden, Finland and Iceland after studying law for about 5–6 years....
- List of 100 largest law firms globally
- List of largest European law firms