- Law of Ukraine
Ukraineis a civil law country. Laws are written down, the application of customary lawis the exception and the role of case lawis small in theory although in practice it is impossible to understand the law in many fields without also taking into account the relevant case law. The Ukrainian system of law is based on the French Code Civilwith influences from Roman Lawand traditional Ukrainian customary law. The new civil law books (which went into force in 2004) were heavily influenced by the German Bürgerliches Gesetzbuch.
The primary law making body is formed by the Ukrainian parliament ("Verkhovna Rada"). It is commonly referred to as the legislature ( _uk. zakonodatel). The power to make sub laws can be delegated to lower governments or specific organs of the State, but only for a prescribed purpose. A trend in recent years has been for parliament and the government to create "framework laws" and delegate the creation of detailed rules to ministers or lower governments (e.g. a province or municipality).
Ministry of Justiceof Ukraine is the main institution when it comes to Ukrainian law.
Areas of law
The domain of Ukrainian law is commonly divided in the following areas:
International Lawwhich are subdivided (branched) into:
* Civil law (including
Family law, Inheritance law, Contract lawand Commercial law, Law of Obligations, Property law, Companies law, Land law)
Criminal law, Penal Law
Constitutional law(including laws on the structure of the state)
Civil law is the domain of law that regulates the everyday life of persons and other legal entities (such as corporations). The main code of Ukrainian civil law is the
Civil Code of Ukraine.
Criminal lawdeals with the prosecution and punishment of criminal offenses. The main code is the Criminal Code of Ukraine.There is no capital punishmentin Ukraine. The maximum criminal punishmentin Ukraine is life imprisonmentwhich could be reduced by President of Ukrainedecree to 25 years of imprisonment after 20 years of sentence service.Once per year Parliament of Ukraine reduces sentences of different categories of imprisoned persons by adopting a special law ( amnesty, amnistija).
Constitutional lawinvolves itself with the constitution and the structure of Ukraine. It involves the powers of democratic institutions, the organization of elections and the divisions of powers between central government and local authorities. See also the article on the Constitution of Ukraine. An interesting aspect of Ukrainian constitutional law is that only Constitutional Court of Ukraine is allowed to determine the constitutionality of laws created by the legislature (the parliament ).
Administrative lawis the area of law that regulates the operation of the various levels of government and the way persons and legal entities can appeal decisions of the government. The main code of Ukrainian administrative law is the Administrative Code of Ukraine.
International law(a.k.a. the law of nations) involves the application of international laws (mostly laid down in treaties) in Ukraine. The Ukrainian constitution contains a clause that allows the direct application of most international laws in Ukrainian courts. The laws that regulate jurisdiction and applicable law in cases with an international aspect (e.g. because parties come from different countries) are not part of international law but form a specific branch of civil law.
Types of corporations in Ukraine
* TOV (Товариство з обмеженою відповідальністю, ТОВ) - Ukrainian "Limited liability company"
* TDV (Товариство з додатковою відповідальністю, ТДВ) - Ukrainian "Additional liability company"
* ZAT (Закрите акцiонерне товариство, ЗАТ) - Ukrainian "Private joint-stock company"
* VAT (Вiдкрите акцiонерне товариство, ВАТ) - Ukrainian "Public joint-stock company"
*Constitutional liability is imposed on President or Deputy [Member of Parliament] by
*Criminal liability is imposed by local
courtin form of sentencing
*Civil liability is imposed by local
courtin form of decision
*Administrative liability is imposed by administrative
courtin form of decision
*Disciplinary liability is imposed by superior official or specially created organization such as for
Judges is imposed by Regional (Oblast) Qualification Commission of Judges. Lawyers is imposed by Regional (Oblast) Commission of Lawyers. Notariesis imposed by Regional (Oblast) Commission of Notaries. Public prosecutoris imposed by Superior official. Policemen is imposed by Superior official.
Legal Codes of Ukraine
Short description in English language of every
Codeone can find on official website (http://www.rada.gov.ua) of the Parliamentof Ukraine (Verkhovna Rada) and on * [http://www.welcometo.kiev.ua Yaroslav the Wise Institute of Legal Information]
Civil Code of Ukraine
Criminal Code of Ukraine
Family Code of Ukraine
Labour 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
Business code of Ukraine
Air transportation Code of Ukraine
Tax Code of Ukraine, pending
Civil Procedure Code
Criminal Procedure Code
Administrative procedure Code
Business Arbitration Code
Courts system in Ukraine
Courtsin Ukraine are divided on
jurisdictionon constitutional court, general (criminal and civil matters)courts, economic courts, administrative courtsand
* by territory on regional (appellate courts - 24, each in every
oblast) and local (trial) courts.
Constitutional Court of Ukraine, Kiev city - 18 judges,appointed for 9 years
Supreme Court of Ukraine, Kiev city
Apellate Courtin every regional oblastcity
Local Courtin every city, town, raion(Subdivision of oblast)
High Administrative Court of Ukraine, Kiev city
Local Administrative Courtin every administrative district,usually oblastcity
High Economic Court of Ukraine, Kiev city
Local Economic Courtin every administrative district,usually oblastcity Military court
In every Apellate Courtin every regional oblastcity Tertiary Courtcreated in accordance to the law "On Tertary Court" and registered in Ministry of Justiceof Ukraine.
To become a
judgein Ukraine one has to be 25 years old. First time judges are appointed by President of Ukraine for 5 years after that judges are elected for life (read appointed) by Parliament. Judges are not elected by people as it is done in many western countries and judicial branch of powerin Ukraine is not completely independent. To detainor arrest judgespecial permission of the Parliament of Ukraine is needed. Judges in Ukraine have special protection of the State. As of 2007 there were 6000 judges in Ukraine out of 8000 existing positions.
Judicial system of Ukraine
Law schools in Ukraine
Law degree -
jurist(same as LL.M) is awarded in Ukraine after 5 years of study in University such as
Kiev National University of Economics,Kiev city* [http://kneu.kiev.ua]
National Taras Shevchenko University of Kiev,Kiev city* [http://www.univ.kiev.ua]
Yaroslav the Wise National Law Academy of Ukraine ,Kharkiv city* [http://www.uracad.kharkiv.edu]
National Law Academy,Odessa city* [http://onua.edu.ua/odessa/eng/main.htm]
Lviv University* [http://www.lnu.edu.ua/indexe.html]
Law academic degree in Ukraine
academic degreein Ukraine is Candidate of Science of Jurisprudence,CSJand Doctor of Science of Jurisprudence,DSJsame as Doctor of the Science of Law(L.Sc.D.) Diplomais awarded after the successful defense of dissertation( thesis) by the Higher Attestation Commission(VAK)(http://www.vak.org.ua). Full text of all defended dissertations are kept in National Libraryof Ukraine, Vernadsky National Library of Ukraine.
Fields of study
Scientific degrees awarded by VAK are classified into an established list of specialties, grouped into the following major sections
12 Fields of law study
Theory of Law
12.00.03 Civil Law
12.00.04 Economic Law
Administrative Law, Finance Law
Philosophy of Law
Database of all
Doctor of Science of Jurisprudence, CSJis maintained by the Ministry of Educationof Ukraine
docentof a university is one who has the right to teach. Qualifications: one dissertation (CSJ) and demonstrating the competence of conducting scientific research independently.
professorof a university is one who has the right to teach. Qualifications: one dissertation doctoral degree(DSJ) and demonstrating the competence of conducting scientific research independently.
Academiciandenotes a Full Member scientific academy."Academician" denote a full member of the National academy of Sciencesof Law. There also exists a lower-rank title, variously translated Corresponding Memberor Associate Member of the National academy of Sciences of Law [http://www.aprnu.kharkiv.org]
LL.M. Related Links
* [http://www.abanet.org/legaled/postjdprograms/postjd.html American Bar Association (ABA): Overview of Post-J.D. Programs in the U.S.]
* [http://www.llmstudy.com/ LLM Study: Global database of LLM programme]
* [http://www.llm-guide.com LLM-Guide: LLM Programs worldwide] .
* [http://llm.uniiks.com LLM.uniiks: LLM global database] .
Candidate of Law
* [http://www.llm.law.edu http://llm.law.edu] .
Lawyers and Law firms in Ukraine
Law is practiced in Ukraine by
juristswho were awarded diplomaafter graduationfrom universityand by associations of juristswho register it as a law firmin Ministry of Justice.
In order to defend a person charged with criminal offence
juristhas to have
*certificate of advocate issued by regional qualification commission or
*power of attorney letter. There are 27 regional qualification commissions each in every region (
oblast) and one in Kievcity and Sevastopolcity.
List of lawyers (Advocates) is kept and published by Regional (Oblast) Qualification Commission. These lawyers in most cases are appointed by Regional Qualification Commission to defend poor people accused of crimes and are paid fees regulated and set by the state.
List of lawyers working based on
power of attorneyletter (contract between lawyer and client)is published in advertisements of local newspapers. This is most wide practice in Ukraine.These lawyers are considered most experienced and less expansive.
law firms is kept and published on official website of Ministry of Justiceof Ukraine.
List of Law Firms by city
*KievKonnov & Sozanovsky [http://www.konnov.com]
*KhersonOlsha law firm [http://khersonlaw.awardspace.com] [http://www.hierosgamos.org]
*KharkovInventa Ltd [http://www.hierosgamos.org]
Ukrconsulting Law Firm LLC. [http://www.ukrconsulting.biz]
*ChernovtsyKonnov & Sozanovsky [http://www.konnov.com]
*LvivSoldatenko, Lukashyk & Partners [http://www.hierosgamos.org]
List of 100 largest law firms globally List of largest European law firms Law firmsat the Open Directory Project
Notary in Ukraine
Notary in Ukraine is regulated by the law "On Notary". There are private and public notaries in Ukraine. The only difference between them is that fees for services charged by public notaries are regulated and set by the state. Fees paid to private notaries are not regulated and are set by private notaries themselves. To be a Notary (ukr: Notarius) in Ukraine one has to have
law degree( Jurist) and after examination before Regional ( oblast) Notary Commission successful applicant is issued notary certificate by the Ministry of Justiceof Ukraine. Notaries are not allowed by law to work in courts, police, and prosecutor office and represent people in courts or any other government offices. The major role of notaries in Ukraine is to notarize, put notary Seal (device),stamp and signatureon agreements, contractsbetween persons in accordance to Civil Code of Ukraine.Every notarized document(agreement, contract, etc.) is issued on numerated, special paper form, protected by securityfeatures and is registered in notary book which is kept after completion in regional ( oblast) archivefor good. Database of notaries is kept and accessible to public on the official website of the Ministry of Justiceof Ukraine.By the 2007 there were about 13 000 notaries in Ukraine.
Criminal Investigation system in Ukraine
Investigation carried out under official authority by law enforcement personnelsuch as
Police( militia) Militsiya Ministry of Internal Affairs (Ukraine)
*Tax police (
Public procurator (public prosecutor) Prosecutor General of Ukraine
National security(SBU) Security Service of Ukraine
Criminal law Criminal procedure
Prisons in Ukraine
State Department of Ukraine for Enforcement of Sentencesis in charge of prisons in Ukraine.Detailed information is on the official website ( http://www.kvs.gov.ua) of the department.
As of 2007 the total prison population in Ukraine is 240 000 people out of 48 mil population.
Prisons in Ukraine are classified in to:
*pre-trial or remand prison, (SIZO)
*High security prisons
*Medium security prisons
*Low security prisons
Those who are charged with
criminal offences which entail sentencing for three years or more are arrested and kept before trialin Investigative isolator(ukr: SIZO) during whole period of criminal investigationand after sentencing is moved to the prison indicated by court in sentencing decision. Bailnot often is used by courts in Ukraine.
In Ukraine every person over 18 years of age must always carry a
passport, or (for foreigners) an aliens document.Person unable to provide passport is allowed by law to be arrestedby police for 72 hours in order to establish identity.
Legal systems of the world
Constitution of Ukraine
Ukrainian nationality law
Income tax in Ukraine
Law enforcement in Ukraine
Ukrainian copyright law
Ministry of Justice (Ukraine)
Law schools of Ukraine
Types of corporations
Types of companies
Judicial system of Ukraine
* [http://www.rada.gov.ua Parlament of Ukraine (Verkhovna Rada) Database of law texts in Ukrainian and English]
* [http://www.kmu.gov.ua Government of Ukraine]
* [http://www.minjust.gov.ua Ministry of Justice of Ukraine,List of law firms,Notaries]
* [http://www.court.gov.ua Courts of Ukraine, List of courts]
* [http://www.court.gov.ua Registry of Ukrainia courts decisions]
* [http://www.ccu.gov.ua Constitutional Court of Ukraine]
* [http://www.scourt.gov.ua Superior Court Of Ukraine ]
* [http://www.arbitr.gov.ua Superior Economic Court of Ukraine]
* [http://www.vasu.gov.ua Superior Administrative Court of Ukraine]
* [http://www.kvs.gov.ua Prisons of Ukraine]
* [http://www.court.gov.ua State Courts Administration]
* [http://www.vak.org.ua Higher Attestation Commission of Ukraine]
* [http://www.vru.gov.ua HIGH COUNCIL OF JUSTICE OF UKRAINE]
* [http://www.welcometo.kiev.ua Yaroslav the Wise Institute of Legal Information]
* [http://www.just.ks.ua/index.php?module=page&id=31 State registry of laws of Ukraine]
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