Ukraine. Judicial system.

The legal system of Ukraine is based on the framework of civil law. The legal system of Ukraine 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 Code Civil, Roman Law, and traditional Ukrainian customary law. The new civil law books (enacted in 2004) were heavily influenced by the “German Bürgerliches Gesetzbuch” (German Civil Code).

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 municipality).

Justice in Ukraine is administered exclusively by the courts. The delegation of the courts functions, and also the appropriation of these functions by other bodies or officials, are not permitted.

Although judicial independence exists in principal, judicial powers and political powers are not separated and judges are subjects of pressure by political and business interests.

The jurisdiction of the courts extends to all legal relations that arise in the State. Judicial proceedings are performed by the Constitutional Court of Ukraine and courts of general jurisdiction.

In Ukraine, the system of courts of general jurisdiction is formed in accordance with the territorial principle and the principle of specialization. The regional, districts, cities courts hear small value claims and less serious offences. The Supreme Court of Ukraine is the highest judicial body in the system of courts of general jurisdiction. The respective high courts are the highest judicial bodies of specialized courts. Courts of appeal and local courts operate in accordance with the law.

The Constitutional Court of Ukraine is a special body with authority to assess whether legislative acts of the Parliament, President, Cabinet or Crimean Parliament are in line with theConstitution of Ukraine. This Court also gives commentaries to certain norms of the Constitution or laws of Ukraine (superior acts of Parliament).

Prosecutors in Ukraine have greater powers then in most European countries. According to the European Commission for Democracy through Law ‘the role and functions of the Prosecutor’s Office is not in accordance with Council of Europe standards".

Judges are appointed by the presidential decree for a period of five years, after which Ukraine's Supreme Council confirms them for life in an attempt to insulate them from politics. Judges are protected from dismissal (save in instances of gross misconduct).

Дата добавления: 2015-07-19