Impact of European integration processes on judicial reform in Ukraine

Yara, Olena

doi:10.56215/naia-chasopis/1.2024.31

Cited by 3 publications

(2 citation statements)

References 18 publications

(12 reference statements)

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“…There are also a number of other factors on Ukraine's European integration path to the EU on the basis of the EU-Ukraine Association Agreement that only exacerbate the existing problems. Thus, the main factors that impede the timely and full implementation of the Agreement's objectives include: Russian aggression; insufficient institutional N. Parkhomenko et al capacity of public authorities; ineffective implementation of the judicial reform; significant level of corruption in government agencies and imperfect activities of anti-corruption bodies; prevalence of political slogans over the rule of law; and numerous conflicting provisions (Yara, 2024).…”

Section: The First Stagementioning

confidence: 99%

Implementation of the Association Agreement with the EU by adapting Ukrainian legislation to EU law

Parkhomenko,

Podorozhna,

Tarakhonych

et al. 2024

SLS

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Ukraine’s integration into the European Union (EU) is one of the most important areas of the State’s development, and therefore one of the conditions for rapprochement between Ukraine and the European Community, as well as a condition for accession to the EU, is the adaptation of Ukrainian domestic legislation to the EU acquis. The purpose of the study was to identify the peculiarities and problematic aspects of the implementation of EU law in national legislation. The research methods used were: historical, periodisation, formal legal and problem analysis methods. The study examined the peculiarities and problems of adaptation of Ukrainian legislation to EU law. The study found that the legislation is being adapted on the basis of the Association Agreement between Ukraine and the European Union, which includes the European Atomic Energy Community and its member states. The implementation process involves the transposition of EU norms into national legislation, while adaptation is the alignment of national law with EU legislation. The current legislation provides for three stages of adaptation of legislative norms, which aim to harmonize with EU law as much as possible. As implementation is a rule-making process, it involves a certain sequence of actions. In particular, it includes the establishment of the acquis communautaire, the creation of a list of legislative acts to be adopted and their preparation for adoption, monitoring of implementation and other sequential actions. In addition, the process of adaptation should be based on the principles of compliance with EU directives, the principle of voluntariness, clarity of terminology and completeness. Among the factors that are obstacles to implementation are the following: Russian aggression, institutional failure of state bodies, high level of corruption, numerous conflicts in legislation

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Section: The First Stagementioning

confidence: 99%

Implementation of the Association Agreement with the EU by adapting Ukrainian legislation to EU law

Parkhomenko,

Podorozhna,

Tarakhonych

et al. 2024

SLS

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Section: The First Stagementioning

confidence: 99%

Untitled

2024

SLS

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The relevance of this study is determined by the current instability of the global political climate in the world and the outbreak of a number of military conflicts, which necessitates the study of the mechanisms of activity of structures that protect the interests of the population and the state. Thus, the purpose of the paper is to analyse the algorithm for the activities of civil defence authorities, particularly in wartime conditions. Among the methods used are the methods of logical analysis, deduction, synthesis, induction, functional analysis, analogy. This study provides a detailed analysis of the importance and key role played by civil protection agencies in addressing the challenges of protecting, ensuring security and developing society. The importance of their function lies in the effective implementation of strategies aimed at protecting the population and the state in times of threat and danger. The analysis in this paper takes into account the various components necessary for the successful management of various types of warfare. This includes the study of effective strategies for interaction and coordination between civil protection authorities and military command and control. Particular attention is paid to the key factors that determine the effectiveness of the organisation of interaction between military authorities and protection commissioners. Similarly, significant was the analysis of the demand for the resolution of qualitative foresight implementation tasks. Accordingly, an algorithm that will provide a more detailed and relevant examination of the wartime operational algorithm of the governing bodies has been developed. The practical value of the obtained results is that it will increase the appropriate level of combat alertness, the guarantor of the protection of the national interests of the state and its population, its territorial integrity and will generally raise the level of effectiveness of the relevant bodies considered

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The Supreme Court as a guarantor of ensuring the rights and freedoms of a person and a citizen

Artemenko,

Yerosova

2024

Law. Human. Environment

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The relevance of the chosen topic lies in the fact that Ukraine has been aligning its legislation with that of the European Union since 2022. As part of this process, further improvement of the Supreme Court’s activities is essential, as it serves as a guarantor of protecting the fundamental interests of every individual seeking judicial protection. The aim of the research is to review the processes of reforming the Supreme Court, taking into account the conducted Great Judicial Reform and the Eurointegration processes, as well as identifying proposals to increase public trust in the Supreme Court as the highest judicial body responsible for ensuring proper protection of rights and freedoms. The research methods used in the study include systemic- structural, comparative-legal, formal-legal, method of systematisation, as well as synthesis, analysis, and generalisation methods. The results of the study have shown that the Great Judicial Reform initiated in 2014 indicates that Ukraine is capable of considering European positive experience to enhance the overall compliance of Ukrainian legislation with European Union legislation while preserving its own age-old traditions in the field of justice and judiciary. It has been clarified that the key task of any transformations is to create conditions for the formation of an independent democratic rule of law state and all its branches of power – legislative, executive, and judicial. Thus, in a state aspiring to become legal, the court must be authoritative, independent, and should not be a bureaucratic institution but a real guarantor of citizens’ rights protection. It has been determined that the prerequisites for the implementation of the Great Judicial Reform were: low level of public trust in the judiciary as a whole, and the Supreme Court of Ukraine in particular, the presence of political-state influence on judges, and corrupt aspects. The materials of this work can be used for drafting legislative proposals in the field of the judicial system as a whole and its individual organs

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Impact of European integration processes on judicial reform in Ukraine

Cited by 3 publications

References 18 publications

Implementation of the Association Agreement with the EU by adapting Ukrainian legislation to EU law

Implementation of the Association Agreement with the EU by adapting Ukrainian legislation to EU law

Untitled

The Supreme Court as a guarantor of ensuring the rights and freedoms of a person and a citizen

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