Saturday, February 28, 2015

The end of the Soviet Union

The collapse of the Soviet Union led to the independence of Ukraine. The Act of Declaration of Independence of Ukraine (24 August, 1991) contained two remarkable formula: 1) “in view of the mortal danger surrounding Ukraine in connection with the state coup in the USSR; 2) “continuing the thousand-year tradition of state development in Ukraine”. Both of these formulas have not lost their relevance today.

Attention is drawn to the fact that Russia adopted a declaration on its state sovereignty in relation to the Soviet Union before Ukraine. The Declaration on State Sovereignty of the RSFSR was adopted by the First Congress of People's Deputies of the Russian SFSR on June 12, 1990. It proclaimed the sovereignty of the Russian SFSR in relation to the Soviet Union. The declaration also states the priority of the constitution and laws of the Russian SFSR over legislation of the Soviet Union.


Thus, Russia initiated the end of the Soviet Union and the Union of Soviet Socialist Republics (USSR) ceased to exist on December 26, 1991, by declaration no. 142-H of the Soviet of the Republics of the Supreme Soviet of the Soviet Union, acknowledging the independence of the 12 remaining republics of the Soviet Union, and creating the Commonwealth of Independent States (CIS). 

On the previous day, Soviet President Mikhail Gorbachev, the eighth and last undisputed leader of the Soviet Union, had resigned, declared his office extinct, and handed over its attributes—including control of the Soviet nuclear missile launching codes—to Russian President Boris Yeltsin

That evening at 7:32 p.m., the Soviet flag was lowered from the Kremlin for the last time and replaced with the Russian Flag.

A memorandum of cooperation with the International Monetary Fund

The Ukrainian government has approved a memorandum of cooperation with the International Monetary Fund. The President of Ukraine, Prime Minister of Ukraine, Chairman of the National Bank of Ukraine and the Minister of Finance of Ukraine signed the Memorandum.

Head of Government expressed gratitude to the President of Ukraine "because of its very strong position, which allowed us to jointly develop an effective program of reform, and for our common negotiations with the International Monetary Fund and international lenders."

Yatsenyuk also expressed his gratitude to the Minister of Finance of Ukraine Natalia Yaresko and all members of the government: "We have done the maximum in the framework of our cooperation with the IMF and a step by step plan of reforms in the country."

According to the government, the memorandum - "a plan of change that is monitored by our Western partners."

"During 2014 we carried out two such memorandum and every reform that is needed for a country that has been implemented. That is why the IMF has expanded the program to Ukraine for four years, and that is why we are now able to negotiate with our Western partners about the unprecedented amount of financial support for a country that is at war, "- said Yatsenyuk.

Friday, February 27, 2015

The Kuban People's Republic

During the Russian Empire, the region of the Kuban was a Cossack territory. Like many similar provinces, its demographics constituted several differences from ordinary Russian regions. The western parts belonged to the descendants of the Black Sea Cossack Host from Ukraine in 1792. The southern and eastern regions were made from the Caucasus Line Cossack Host, descendants of the Don Cossacks.
Historically, the Kuban Cossacks were formed to guard the Russian borders from the Mountain peoples which caused the Caucasus War that lasted for six decades up until 1860. In addition, during many wars, Cossacks sent large army contingents to fight alongside the Imperial Russian Army; moreover it was the Kuban Cossacks that made the Tsar's personal bodyguard. In return for such loyalty, they lived free from taxes in a semi-independent way with various privileges. The military nature of their lifestyle was also mirrored in the administration of the region, where stanitsa settlements were in place of traditional Russian villages, and had much more autonomy such as the election of a local Ataman, or commander.
With the October Revolution the people of the Kuban found themselves divided among several groups. The large non-Cossack peasants were infiltrated and influenced by the Bolsheviks and proclaimed a Kuban Soviet Republic, which dispersed the Council. On February 16, 1918, however, the Kuban Rada (Council) proclaimed the independence of the Kuban People's Republic from Bolshevik Russia. A few days after the closing of the sessions, the members of the Council voted for a resolution to join the Kuban under a federal structure with Ukraine under the conservative Skoropadsky government.

Thus, the Kuban People's Republic  was an anti-Bolshevik state that comprised the territory of the Kuban in the modern-day Russian Federation.  The republic was proclaimed by the Kuban Council (Rada) on January 28, 1918 and declared its independence on February 16. The Kuban People's Republic would include all territory of the former Kuban Oblast of the Russian Empire. It was crushed 7 November 1919 and existed for a period of 1 year 9 months.


Related post: Ethnographic map of Ukraine. 1949

Thursday, February 26, 2015

Justice Minister said about the need to eliminate the Pechersk District Court of Kyiv

Justice Minister Pavel Petrenko convinced that to cleanse the judiciary is necessary to limit the immunity of judges.

In addition Minister confident in the need to eliminate Kyiv Pechersk district court in which the judge handed down unjust decisions. This opinion was expressed by the Minister on Thursday, the TV channel ICTV.

He said that today there are a number of submissions to the High Council of Justice on the dismissal of judges and the General Prosecutor's Office began active steps to investigate criminal proceedings against those judges who were taking unjust decisions.

He recalled that the Verkhovna Rada adopted the Law "On the fair trial", which provides an opportunity to prosecute judges. "The second step would be to limit their immunity," - said the minister, adding that this is possible thanks to a common position on this issue to the President, Parliament and Government.

Petrenko said that the restriction of immunity should allow to prosecute those judges who commit crimes. "They can not be some kind of immunity from criminal offense."

He said: "Pechersk court is the personification of all the problems of justice, it is concentrated in one place. And I am convinced that this body should be eliminated. And now there is such power in the president under the new law

Ukraine Martial Law

The Law of Ukraine "On Martial Law" defines the content of the legal regime of martial law: the legal framework of public authorities, military commanders, local authorities, enterprises, institutions and organizations under martial regime.

The law states guarantee the rights and freedoms of man and citizen
and the rights and legitimate interests of legal persons. Also, determine responsibility for violations of the martial law regime.

Martial law - a special legal regime introduced in Ukraine or in particular areas in the event of armed aggression or threat of attack, the dangers of state independence of Ukraine, its territorial integrity and provides for the relevant public authorities, military commanders and local authorities the powers necessary to prevent threats and national security, as well as temporary, due to the threat, the restriction of constitutional rights and freedoms of man and citizen, rights and legitimate interests of legal persons with specifying the period of validity of these restrictions.

Martial law in Ukraine or in its particular areas introduced Decree of the President of Ukraine, which is subject to approval by the Supreme Council of Ukraine within two days of the request of the President Ukraine.

The presidential decree on the introduction of martial law, approved by the Supreme Council of Ukraine, immediately announced through the media.


     
The original full text of the Law:

           
Закон України «Про правовий режим воєнного стану»


     Цей Закон  визначає  зміст  правового  режиму  воєнного стану
(порядок його введення та скасування,  правові  засади  діяльності
органів   державної   влади,   військового  командування,  органів
місцевого самоврядування,  підприємств,  установ та організацій  в
умовах воєнного стану, гарантії прав і свобод людини і громадянина
та прав і законних інтересів юридичних осіб)  та  відповідальність
за  порушення  вимог  або  невиконання  заходів  правового  режиму
воєнного стану.

Law of Ukraine "On the military and civil administrations"

The President of Ukraine signed the Law № 141-VIII, adopted by the Verkhovna Rada on February 3, defines the organization, powers and procedures of the military and civil administrations to ensure security and normalization of life of the population in the area of ​​anti-terrorist operation.

The military and civil administrations  - temporary state bodies that operate on the territory of Donetsk and Lugansk regions as part of the Anti-Terrorism Center at the Security Service of Ukraine and are intended to ensure the operation of the Constitution and laws of Ukraine, security and normalization of life of the population, to prevent a humanitarian disaster in the area of ​​anti-terrorist operation .

The military and civil administrations formed by the President of Ukraine at the level of the region and the district.

The military and civilian administrations act before the end of the antiterrorist operation or before the opening of the first session of the newly elected Council of People's Deputies.

Wednesday, February 25, 2015

English-Ukrainian Reference Guide to English Law

English-Ukrainian Reference
Guide to English Law


Англо-Український довідник
з англійського права



Завдання довідника полягає в тому, щоб, з одного боку, надати носіям української мови інформацію про концепції англійського права, а з іншого – проконсультувати щодо окремих правничих термінів чи понять, необхідних як професіоналам (науковцям, юристам, перекладачам, які працюють у публічній сфері), так і студентам у їхніх дослідженнях чи навчанні.
Після проголошення 1991 року української незалежності посилено зв’язки між правниками і законодавцями України, Сполученого Королівства та інших англомовних країн. Сьогодні відбуваються численні взаємні візити та обмін досвідом між правниками і науковцями у сфері правничих, політичних і суспільних наук. В англійських судах заслуховується чимало справ, у яких одна сторона (або більше) є носієм української мови та походить з України, включно з позовами щодо особистих пошкоджень, кримінальними переслідуваннями та високопрофільними комерційними спорами, сторони яких прийняли юрисдикцію судів Сполученого Королівства.
Автори довідника сподіваються, що цей довідник надасть у легко доступному форматі юридичну та мовну інформацію, яка сприятиме розумінню англійської правової системи, її процедур та проваджень.
В останні роки з’явилося чимало загальних українсько-англійських юридичних словників та довідників. Проте вони здебільшого не надають необхідних пояснень концепцій англійського права, нерідко обмежуючись буквальними перекладами, які унеможливлюють вичерпне розуміння значення того чи іншого терміна. Довідник призначений виправити ці недоліки.
Ідея укладення довідника виникла внаслідок давнішого спільного проекту Школи слов’янських і східноєвропейських студій (UCL-SSEES) та Української Правничої Фундації у Києві, метою якого було створити загальну базу даних української та англійської правничої термінології. Кошти на цей первинний проект надано Фундацією Карла Поппера та (тодішньою) британською Адміністрацією для закордонного розвитку.
Сайт довідника ТУТ

The Ukrainian legal system

The Ukrainian legal system is based on Roman law, consisting mainly of codified laws. Since its independence in 1991 the system has undergone several important legal developments. Ukraine became a member of the European Council in 1995 and adopted a new Constitution in 1996.

The Civil Code has been reformed and the new law came into force 2004. Further towards market-oriented legislation also the Economic Code was adopted together with the new Civil Code.

Source and hierarchy of laws

Constitution:
The Constitution has the highest legal force. Laws and other normative legal acts shall be adopted on its basis. The acts of the official interpretation as well as court decisions of the Constitutional Court are not formally the source of laws but they may need to be taken into consideration in the judgment of a particular case.

National laws:
The next highest legislative level is based on laws adopted by Verkhovna Rada of Ukraine. The Constitution (Article 92) defines areas exclusively to be regulated by laws. Specific spheres of legislation are regulated in “codes”, such as the Civil Code, the Economic Code, the Criminal Code, the Labour Code etc.

The Constitution of Ukraine


The Constitution of Ukraine is the nation's fundamental law. The constitution was adopted and ratified at the 5th session of the Verkhovna Rada (parliament) of Ukraine on 28 June 1996. The constitution was passed with 315 ayes out of 450 votes possible (300 ayes minimum).
Other laws and other normative legal acts of Ukraine must conform to the constitution. The right to amend the constitution through a special legislative procedure is vested exclusively with the parliament. The only body that may interpret the constitution and determine whether legislation conforms to it is the Constitutional Court of Ukraine.
Since 1996 the public holiday Constitution Day is celebrated 28 June.

Full text of the Constitution of Ukraine:

The Verkhovna Rada (the Parliament) of Ukraine on behalf of the Ukrainian people – Ukrainian citizens of all nationalities,
expressing the sovereign will of the people,
relying on the centuries-old history of Ukrainian state-building and upon the right to self-determination realised by the Ukrainian nation, all the Ukrainian people,
aspiring to ensure human rights and freedoms, and life conditions worthy
of human dignity,
supporting the strengthening of civil harmony on the Ukrainian soil,
striving to develop and strengthen a democratic, social, law-based state,
realizing the responsibility in the eyes of God, before our own conscience, past, present and future generations,
guided by the Act of Declaration of the Independence of Ukraine
of 24 August 1991, approved by the national vote on 1 December 1991,
adopts this Constitution as the Fundamental Law of Ukraine.

Title I

General Principles

Article 1. Ukraine shall be a sovereign and independent, democratic, social, law-based state.

Tuesday, February 24, 2015

The Law of Ukraine “On ensuring the right to a fair trial”

President of Ukraine Poroshenko signed the law of Ukraine № 192-VIII  “On ensuring the right to a fair trial”.

The Law lays down the legal basis for judicial reform that would ensure the effective protection of the rights and freedoms of citizens and interests of legal persons in court, the practical realization of the right to a fair trial.

The law provides the competitive for selection of judges, a total re-certification of judges, a clear list of possibilities to dismiss judges and bringing them to disciplinary action.

According to the Law, the conclusions of the Supreme Court of Ukraine on the application of the law shall be binding on the subjects of power, and the courts should take it into account that will ensure the uniform application of the law.

In accordance with international standards regulate the establishment of courts, the appointment of judges to administrative positions, optimizing the composition of the courts and their activities.
Executive authorities will have no impact on the procedures for establishing courts and the number of judges.

Refined and enhanced guarantees of an independence and immunity of judges, their rights and responsibilities, introducing a new text of the oath of a judge.

Become more transparent procedure for appointing judges to the position, inclusive of the procedures for selecting candidates. Regulated procedures for the election of judges indefinitely and their appointment and transfer to other courts, which should take place only on a competitive basis.

Also regulated by independent testing professional level judges, the results of which will depend on his future career. Introduced certification qualifications of judges.

Monday, February 23, 2015

A new draft law in the bankruptcy sector

A working group on improving the legislation in the bankruptcy sector, which includes central government authorities’ representatives and experts in the bankruptcy field, is currently developing a new draft Law of Ukraine “On amendments to certain legislative acts of Ukraine in the bankruptcy sector”.
The main objective is to improve Ukraine’s position in regulation of insolvency sector in the “Doing Business” rating for 2015-2018 and finding solutions to issues that occur in bankruptcy procedures.
We are talking about securing clear terms of reference of the state authority for bankruptcy, enhancing the procedure of monitoring of activity of arbitration managers, resolving issues regarding tax assessment of bankrupts, enhancing the procedure and transparency of enforced sale of property, setting requirements and limits of liability to organizers of auctions for selling such property.
The new Law additionally has to ensure elimination of other issues that occur during bankruptcy procedures, which will allow repaying creditors’ requirements in a shorter period of time and will result in an increased efficiency of bankruptcy procedures, as well as an increased percentage in repaying creditors’ requirements.
In order to receive comments and propositions after revision, this draft law is going to be posted on the official website of the Ministry of Justice of Ukraine taking into account requirements of the Law of Ukraine “On Principles of State Regulation Policy in Economic Activity Sector”.

Friday, February 20, 2015

Representation in Civil Law of Ukraine

Provisions aimed at regulating the representation contained in chapter 17 of the Civil Code of Ukraine.

Representation shall mean legal relations in which one party (representative) is obliged or entitled to conclude a transaction on behalf of the other party which it represents.

A person acting in the interests of another person, but on his/her own behalf, as well as a person authorized to negotiate for possible future transactions, shall not be a
representative.

Representation shall arise on the grounds of a contract, the law, the act of a body of a legal
person, or on other grounds established by acts of civil legislation.

Thus, Representation is characterized by the following features:
- Civil rights and obligations belong to a one person, but just done by another person;
- Representative commits certain legal actions (actual action representation does not cover);
- The representative does not act on his own behalf, but on behalf of another person;
- Representative works exclusively within his powers.

Wednesday, February 18, 2015

Ministry of Justice of Ukraine conducted tests for 85 heads of regional offices. Half heads had to release.

Ministry of Justice of Ukraine conducted tests for 85 heads of regional offices.


Following testing more than half of them had to retire from justice.

In early February, Washington promised to provide $ 1 billion in Kyiv for the needs of the government in the case for reform.

The law of the Principality of Galicia–Volhynia

Galicia-Volhynia largely retained features of the social and political system inherent in ancient Rus’. However, public and government organizations principality, due to the influence of neighboring states of medieval Europe had its own peculiarities.
Roman the Great united the principalities of Halych (Galicia) and Volhynia into a state that existed from 1199 to 1349. Along with Novgorod and Vladimir-Suzdal, it was one of the three most important powers to emerge from the collapse of Kyivan Rus'.

After the enormous destruction wreaked by the Mongol invasion of Kyivan Rus' in 1239–41, Prince Danylo Romanovych was forced to pledge allegiance to Batu Khan of the Golden Horde in 1246. He strove to rid his realm of the Mongol yoke, however, by a formal orientation to Western Europe (coronation as a "Rex Rusiae" by a papal legate in 1253) and by attempting, unsuccessfully, to establish military alliances with other European rulers. The Polish conquest of the kingdom in 1349 ended its vassalage to the Golden Horde.


In Galicia-Volhyn principality largely retains characteristic features of Kievan Rus' polity. Supreme political-administrative and judicial power belonged to the Grand Duke. The Prince, led the central administration, headed by a military organization, and supervised the collection of taxes. The prerogative of the Grand authorities was also foreign policy of the state. The appointment of bishops was consistent with the Grand Duke.

Sunday, February 15, 2015

National Anti-Corruption Bureau

On February 12, 2015 Ukrainian parliament passed the law, which significantly amends the existing legislation on National Anti-Corruption Bureau (NABU) to be set up in Ukraine on the following months. There are crucial safeguards for the independent work of NABU, specifically:

  • High salaries for staff of NABU (starting from 22,000 UAH for detectives and 60,000 UAH for a Director)
  • Setting up Special Anti-Corruption Prosecution, which will have a certain level of autonomy within existing Prosecutor General Office.
  • Banning officers who used to work during the last 5 years at special anti-corruption designated units within existing law enforcement agencies to apply for the positions in NABU and Special Anti-corruption Prosecution.
  • External audit to be conducted annually to assess effectiveness of NABU work, its operational and institutional independence. The auditors should have excellent professional reputation, be not public officials in Ukraine and possess experience of work in investigative agencies, prosecution, courts abroad or international organizations
  • NABU investigators will have power to monitor banking accounts based on a court order

The law of Lithuanian - Russian state

But the people that (Lithuanians) tribute animals, honey, brooms, bark and other Rus princes served. When he (the people  Lithuanians)  felt that his masters (Rus' princes) were smashed by the Tartars, he grew up... started residues Rus' commit violence and final devastation; devastated land inhabited his people and extended its power on weakened Rus'.

And slowly over time (the Rus’ land) took from the Tatars in his possession and began to enjoy its wide spaces, and Baskakov, ie clerks that were collected from her tribute to the Tartar king, drove ...” - Chronicle of Kyiv Michael's Monastery about the beginning capture by Lithuanian feudal lords of the Ukrainian lands in 1362 p.

 Destruction of Kyivan Rus' has led to the fact that its lands were under the leadership of the neighboring countries, especially Poland and Lithuania. In a sense, Ukrainian lands, which became part of the Duchy of Lithuania, had a considerable impact on its state-legal development.
After joining the Ukrainian lands the population of the Grand Duchy of Lithuania by 90% consisted of Ukrainians and Belarusians.

At the beginning of the Lithuanian authorities adhere to the rules, "we do not destroy the old days and do not introduce new". Between the Grand Duke and the local nobility concluded agreements ("rows"), which Ukrainian princes and boyars were obliged to serve the Grand Duke, and Duke - to protect the land from the Tatars.  Rus' principalities were stored autonomy in the Grand Duchy of Lithuania. Polity, public order, the legal system was remaining the same as for entry into Lithuania. The official language was the Old Slavonic language.

High level of culture, the legal forms and traditions of the Ukrainian lands have contributed to the evolution of the Grand Duchy of Lithuania into Lithuanian-Russian state. Centuries-old traditions of Ukrainian statehood were not interrupted, but further their development was limited to local government.

Lithuanian-Russian law largely inherited and continued the Old Rus’ customary law. Of particular importance are the Lithuanian Statutes - outstanding monuments of Law of Lithuanian, Ukrainian and Belarusian peoples. In content, the high level of legislative technique, they were considered as one of the most progressive legislation of the European legal thought at the time.

Friday, February 13, 2015

The Code of Hammurabi and the Ukrainian Insurance Law

In modern society, the insurance is an organizational and legal form of the protection of insurable interest of individuals and legal entities.

Refusal of state insurance monopoly and development of the Ukrainian insurance market entail the need for improvement of legal regulation of insurance activity. Achieving this goal is objectively impossible without a thorough study of the history of insurance.

Draws attention to the fact that the study of the history of insurance for a long time was carried out mainly by  academic economists. This led to an analysis of the historical and legal sources exclusively from an economic point of view. Using historical and economic methods in the study of insurance is not always contributed to an adequate understanding of written source of law and sometimes negatively affect the objectivity of scientific results.

So, in the Ukrainian legal scientific literature the Code of Hammurabi is a recognized source of law regulating the primary forms of the insurance. Any monograph or textbook in area of the insurance begins with a reference to the Code of Hammurabi. There are also numerous scientific articles containing references to the Code of Hammurabi in the context of the occurrence of insurance. In general, it is axiomatic argument on the code of Hammurabi as a source containing the norms which regulate insurance.

Monday, February 9, 2015

Ukrainian Law during the World War II

The World War II caused great losses Ukraine and destruction. One in six people died in Ukraine. Has been destroyed 714 cities and towns, 28,000 villages.

Occupation regime established by Nazi Germany and its satellites in the territory of Ukraine, was aimed  on the destruction of the Ukrainian state, mass genocide and economic plunder of the Ukrainian people.

An important component of the Soviet victory in World War II was the Ukrainian resistance movement against the Nazi invaders.

Major changes in the legal system of Ukraine during the Second World War (then called Ukrainian Soviet Socialist Republic) were carried out in accordance with the laws of the Soviet Union. Martial law regime demanded maximum centralization of all state mechanism with the aim of turning the entire country into a single fighting camp.

The restructuring of the legal system of the Ukrainian SSR was carried out on the basis of legal doctrine, the principles established in the pre-war period and corresponds to the singularity of the legal regime of Stalinism and totalitarianism.

The most significant changes have occurred in the field of administrative, civil, family, labor, land and collective-farm legislation; criminal law and procedure.

Administrative law.
In extreme conditions of martial law, and especially the state of siege has been a proliferation of administrative power emergency (military) officials, the expansion of the subject of legal regulation of administrative law, increased penalties for failure to comply with regulations, and others. The rules of administrative law began to wear repressive confiscatory.

Sunday, February 8, 2015

Bachelors 2014 - Faculty of Law

Kyiv National Economic University, Faculty of Law - students of  the best group № 5. 
Bachelors 2014.
I had the honor to be the curator of these fine young gentlemen and ladies within 4 years. 
Not sure I have taught them something or they taught me a lot. 
Of course there is only a small part of the 5 groups. The rest are the same very best.
(Photos came to me today only).


Kyiv National Economic University is launching the “Legal regulation of economic activity” (September 1, 2015)

Legal regulation of economic activity” – discipline of bachelor level for students of economics at Kyiv National Economic University.

Program coordinator Volodymyr Machuskyy.

We invite you to take part in the discussion of the discipline’s content (themes).

Comments, suggestions or cooperation are welcome at: volodymyr.machuskyy@kneu.edu.ua

The themes of "Legal regulation of economic activity":

Theme 1. Basic and legal fundamentals of economic activity.
The understanding of economic activity. Economic activity and economic relationship.
The types of economic activity. The entrepreneurship and non-profit economic activity. General principles of business activity. Parties to economic activity. Economic activity and economic relationship.
Constitutional fundamentals of legal order in the sphere of economic activity. Normative and legal regulation of economic activity.
General Guarantees of Entrepreneurs Rights. Liability of Subjects of Entrepreneurship.
Activity of Foreign Entrepreneurs in Ukraine.

Tuesday, February 3, 2015

The chronicle of the Cossack Hetmanate

In 1654, the Ukrainian people won the national liberation war with Poland. This war ended with the establishment of the national Ukrainian state known as the Hetman state or Cossack Hetmanate (here and after Hetmanate). In the documents of that time this state is also called the Zaporozhian Host, or Rus’ or Old Rus’.

However, it remained a real threat to the resumption of Polish rule over Ukrainian lands. In these circumstances, the national leader of Ukraine Hetman Bohdan Khmelnytsky signed an agreement with Russia on which Hetmanate was given a significant autonomy. A considerable autonomy was the basis of the ongoing debate on the definition of the nature arising under the contract relations between Russiaand the Hetmanate: protectorate, union, military alliance or vasalitet.

In the future similar agreements concluded between each newly elected Ukrainian Hetman and the Russian state. These contracts are called “articles” and called from the place of conclusion of the articles. The each subsequent articles to restrict the autonomy of Ukraine until its complete destruction. Here is a chronicle of these articles.