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The History of the Ukrainian Legal System

The Ukrainian legal system is very close to the Romano-Germanic legal family. After the October Revolution of 1917 the establishment of the Soviet law in Ukraine was closely connected with the spreading of Soviet power and creation of Soviet state bodies. The peculiarity of the Soviet legal system in Ukraine was that it was based on the legal system of the Bolshevik Russia. That is, it was a reception in a very primitive form: the application of the laws of one state in the conditions of the other. As in every federal state, in the USSR the competencies were divided between the Union and the Union Republics. Foundations of legislation, codes, decrees of the Presidiums of the Supreme Councils of the USSR and Ukraine, various legal acts adopted by all-Union and Republic Ministries, including those adopted jointly with CPSU Central Committee, regulations, instructions, guiding materials, statutes, branch enactments and even the revolutionary feeling of justice were used as legal sources. Judicial practice did not belong to the legal sources. The access to the legislation was restricted. The criteria of such restriction were not defined, but in essence it was a policy of depriving people of their individual rights and liberties.

After the Declaration of Independence the need appeared to build a new state and reform the existing legal system in accordance with the state building tasks. So the main purposes stood for a new state: to reject the inappropriate dogmas of the Soviet law and establish the backgrounds and elements of market economy with its legal relationships. The promulgation of new legislation has begun with adapting relevant norms, the adoption of normative acts in the fields of relations, which had not been regulated by the current legislation, and development of the large codification embracing all areas of law. Joining the Council of Europe, Ukraine has taken obligations to improve its legislation in regard with the human rights protection, and to ensure legal and judicial reform.

Main Sources of Ukrainian Law

The Ukrainian legislative system is based on the systematically organized and concerted legal rules (norms), which are combined to constitute different legal fields.

The principal source of Ukrainian law is the Constitution of Ukraine which has the highest legal force. The norms of the Constitution of Ukraine are norms of a direct effect. Appeals to the court in defence of the constitutional rights and freedoms of the individuals and citizens are guaranteed directly on the grounds of the Constitution. The principle of the rule of law was recognized by the Constitution and became effective. Laws and other normative legal acts should be adopted on its basis and conform to it.

Normative legal acts embrace not only laws proper (zakon) but also various normative acts of competent state bodies issued on the basis of laws, in accordance with laws and for their execution. Normative legal acts in Ukraine have different legal validity depending on the law-making subject.



In accordance with the Decree of the Verkhovna Rada On the order of temporary validity of some legal acts of the former USSR on the territory of Ukraine, such documents are in force in some branches till adoption of the new legislation.

In Ukraine the right to adopt laws belongs exclusively to the competencies of the Verkhovna Rada. The right of legislative initiative in the Verkhovna Rada belongs to the President, National Deputies and the Cabinet of Ministers.

The Verkhovna Rada and other state authority bodies are entitled to issue normative acts ofthe under-law-level in questions assigned to its jurisdiction. The President of Ukraine, on the basis and for the execution of the Constitution and the laws of Ukraine, issues decrees (ukazy)and directives [di΄rektiv] (rozporiadzhennia). The Cabinet of Ministers of Ukraine, within the limits of its competence, issues resolutions (postanovy) and orders (nakazy). All the documents produced by the highest power bodies are mandatory for execution on the territory of Ukraine.

Individual ministries, state agencies and committees, in pursuance of laws of Ukraine, issue resolutions, directives and orders within the specific sphere of their competence. All these normative legal acts, normative acts of the National Bank of Ukraine and international treaties ofUkraine are registered at the Ministry of Justice of Ukraine.

Another type of law source is a normative legislation (law-making) which is a mutual agreement and contains the legal rules established by law-making subjects as a result of their multilateral agreement and supported by the state. Such agreements are very important in the spheres of civil, commercial and assets relations.

Acts which govern the observance, execution and application of legal norms (law-implementation acts) are issued by competent bodies or officials within the limits of their authority, e.g. the Office of Public Prosecutor, courts or administrative commissions.

Legal customs, ecclesiastical rules, judicial practice and the doctrine [΄doktrin] consisting of commentaries, articles, books, encyclopaedias are not recognized as sources of law in Ukraine.

 

The Ukrainian legal system

A.1. The Ukrainian legal system is similar to the Anglo-Saxon one. 2. The Soviet power greatly influenced the establishment of Ukrainian law. 3. They applied laws of Bolshevik Russia in the circumstances of Ukraine. 4. The only legal source of Soviet Ukraine was legislation made by the Supreme Council of the USSR. 5. The judicial precedent is the main source in judicial practice in Ukraine. 6. The main principle of the Soviet legislation was to ensure individual rights and freedoms. 7. The main purpose of the new legislation of independent Ukraine was to create the basis for the development of market economy. 8. Nowadays Ukraine is trying to adapt its legislation to the demands of the European Union.

B. 1. The Ukrainian legislative system is based on the judicial decisions. 2. The highest legal source of the Ukrainian legislation is the Constitution of Ukraine. 3. Under the Constitution of Ukraine the citizens are entitled to appeal to the court when defending their constitutional rights. 4. Ideological diversity is unacceptable in our society. 5. The legislation of the former Soviet Union is still valid on the territory of Ukraine. 6. The Verkhovna Rada is the sole body in Ukraine that has the right to adopt laws. 7. The right of legislative initiative only belongs to the National Deputies. 8. International acts are not binding on the territory of Ukraine. 9. The sources of Ukrainian law also include legal textbooks, commentaries, and encyclopaedias.


Date: 2015-01-29; view: 1432


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