Scientific concepts of the social relations legislative regulation development


30 June 2023
15:22

Abstract. The concept provides a scientific and legal analysis of the existing system of courts in Ukraine, identifies the main problematic issues in the judicial system of Ukraine, and the directions of its transformation and optimisation. Also, it analysed judicial and procedural legislation regarding the appropriate and effective functioning of courts in the justice system. It provides a study of the experience of reforming the court system of 20 European countries, the possibility of its adaptation to the national legal framework, and examines doctrinal approaches to reforming the judicial system. It includes proposals for reforming and optimising the existing court system, in particular, building a new «map» of local general courts (based on the territorial principle), introducing the priority of internal judicial specialisation over external, changing the approach to court interaction, improving the rules for judicial professional development, changing the jury trial model, etc.

Key words: court, judicial system, system of courts of Ukraine, judicial system reform, building a system of courts based on the territorial principle, judicial specialisation, judicial professional development, jury trial.

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05/2023

22 May 2023
15:26

Abstract. It examines the foreign experience of the anti-corruption compliance system, analyses the state of regulatory and legal support of the compliance risk management mechanism in Ukraine. It outlines the ways to improve the legislation on minimising compliance risks in the course of Ukraine's recovery.

Key words: the concept, compliance, corruption risks, recovery of Ukraine.

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04/2023

18 May 2023
15:29

Abstract. The Concept substantiates the necessity of reforming the legislation of Ukraine on liability for administrative offences, primarily to harmonise it with the legal standards of the European Union and the practice of the European Court of Human Rights in this area. The Concept notes the absence of a single legislative act in Ukraine that would systematically regulate all social relations arising in the area of liability for violation of administrative statutes, and would also meet the current requirements of social development, numerous changes that have taken place in the legislation and legal system of the state since the adoption of the current Code of Ukraine on Administrative Offenses in 1984. As a result, the central focus of the Concept is on the argumentation in favor of the immediate preparation and adoption of a new Code of Ukraine on Administrative Offences, which should enshrine the absolute priority of its regulations over all other legal acts on administrative liability, and incorporate all the latest tensions, principles and requirements of the current state of administrative tort legislation. The Concept provides a detailed description of the main aspects of reforming this branch, defines the indicative structure of the new Code, reviews new provisions on the regulation of types of administrative offences, subjects responsible for their commission, bodies authorised to consider cases of such offences, administrative tort procedure and other new provisions to be envisaged in the Code. In addition, it proposes the main stages of reforming the legislation on administrative liability.

Key words: reform of legislation, administrative liability, Code of Ukraine on Administrative Offences, public administration, administrative offences regulation, subjects of administrative offences, administrative tort procedure.

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04/2023

28 February 2023
15:32

Abstract. Having recommended that Ukraine be granted candidate status, the European Commission put forward demands for reforms, which consist of seven blocks. Among them is the continuation of judicial reform, which is one of the most urgent because the special status of the judicial branch of government requires compliance with a number of standards. Implementation of functions by bodies of judicial governance, in particular in the area of personnel and disciplinary issues, is one of the areas of improvement of judicial legislation. Taking into account the European integration plans of Ukraine, the issue of introducing competitive selection for the appointment of highly qualified judges to the Constitutional Court of Ukraine, as well as improving the provisions established by judicial legislation regarding qualification evaluation of judges, career of judges and optimization of the process of personnel selection of judges in general. The Concept contains appropriate recommendations for optimizing the processes of personnel selection and qualification evaluation of judges.

Key words: justice, judicial reform, judicial power, personnel selection, evaluation of judges.

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2022