Part B. 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 having the highest legal force. The norms of the Constitution of Ukraine are norms of a direct effect. Appeals to the court in defense of the constitutional rights and freedoms of the individual and citizen are guaranteed directly on the grounds of the Constitution. Social life should be based on the principles of political, economic and ideological diversity. No ideology shall be recognized by the State as mandatory. 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 law­making subject.

In accordance with the Decree of the Verkhovna Rada On the order of temporary vaiidiiy of some legal acts of the former USSR on the territory of Ukraine, such documents are in force in some branches till the adoption of the new legislation. Their texts had been published in the bulletins of the former Soviet Union and the Ukrainian SSR.

In Ukraine the right to adopt laws belongs exclusively to the competencies of the Verkhovna Rada. The Article 92 of the Constitution point out the important issues and relations which are governed exclusively by the laws of Ukraine. They have the highest legal force in the state. The right of legislative initiative in the Verkhovna Rada belongs to the President, National Deputies, the Cabinet of Ministers, and the National Bank of Ukraine.

The Verkhovna Rada and other state authority bodies are entitled to issue normative acts of the under-law-level in questions assigned to their 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 (rozporiadzhennia). The Cabinet of Ministers of Ukraine, within the limits of its competence, issues resolutions (postanovy) and orders (rozporiadzhennia). All the documents produces,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, regulations, instructions and normative orders, which concern their specific sphere of competence.

All these normative legal acts, normative acts of the National Bank of Ukraine and international treaties of Ukraine are registered at the Ministry of Justice of Ukraine.

Local state administrations and bodies of local self-government issue resolutions, orders, decisions etc. to ensure the observance of laws and freedoms of citizens, and the implementation of development programs and regional budgets.

Normative legal acts of the Verkhovna Rada and the Council of Ministers of the Autonomous Republic of Crimea are adopted in accordance with the Constitution of Ukraine, the laws of Ukraine, acts of the President and the Cabinet of Ministers of Ukraine and for thei Another type of law source is a normative legislative (law-making) treaty being a mutual agreement and containing 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.

International acts are the special type of these rules. Ukraine has gained considerable experience in international affairs while still a part of the Soviet Union. Ukraine was one of the founding members of the United Nations. It took part in the conclusion of numerous international treaties, and has been active at international conferences. International treaties being in force are granted the consent of the Verkhovna Rada of Ukraine to be binding and constitute a part of the national legislation. The conclusion of international treaties that contravene the Constitution of Ukraine is possible only after introducing relevant amendments to the Constitution.

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 procuracy, courts or administrative commissions. The acts of the official interpretation (defining legal acts) of legal norms and acts are formulated by law-making or special competent bodies such as courts.

Legal custom, ecclesiastical rules and judicial practice have a very restricted usage in the Ukrainian legislation. The doctrine consisting of commentaries, articles, books, encyclopedias is not recognized as a source of law.

Exercise 2.1 Hierarchy of Ukrainian Law

Read the list of the sources of Ukrainian law and put them in the order of their hierarchy.

· Acts of the President of Ukraine (decrees, directives)

· Acts of local state administrations and bodies of local self-government(resolutions, orders, decisions)

· International legislation (treaties)

· The Constitution of Ukraine

· Acts of individual ministries, state agencies and committees(resolutions, directives, regulations, instructions, normative orders)

· Laws and other normative legal acts of the Verkhovna Rada

· Other sources of law, which have an auxilary character (legal custom, ecclesiastical rules, judicial practice

· Laws and other normative acts of the Verhovna Rada

· Normative legal acts of the Verchovna Rada and the council of Ministers of the Autonomous Republic of Crimea

Over to you.

1.Prepare a short talk on the sources of Ukrainian law.

2. Analize the differences between sources of law in Ukraine and Great Britain.

MEDIATION

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