An Introduction to Ukrainian Legal Culture

Minakov et al. (2021), pp. 1–8.

Minakov and Rojansky (2021), pp. 332–336.

Since the adoption of the Act of Declaration of the Independence of Ukraine, 24 August is celebrated as a National Day in Ukraine. The parliament adopted the Act of Declaration of the Independence of Ukraine in a form of a resolution and not a law.

‘30 років тому. Референдум 1991 року про незалежність України і розпад СРСР’. Available at https://​www.​radiosvoboda.​org/​a/​referendum-pershoho-hrudnia-1991-roku-pro-nezalezhnist-ukrayiny-arkhivni-foto/​30287132.​html.

The first who recognised the independence of Ukraine were Poland and Canada (2 December 1991), thereafter Hungary (3 December) and Lithuania and Latvia (4 December). Until the end of 1991, around 70 countries recognised the independence of Ukraine.

In 1992, Ukraine signed the Lisbon Protocol and in 1994 the country joined the Nuclear Non-Proliferation Treaty as a non-nuclear weapon state. In 1994, the United Kingdom, the United States and the Russian Federation gave Ukraine security assurances in connection with nuclear disarmament by signing The Budapest Memorandum on Security Assurances.

In 1991, Ukraine joined the North Atlantic Cooperation Council and in 1994, the Partnership for Peace programme.

Since that time, 28 June is celebrated as a public holiday in Ukraine—the Day of the Constitution. Structurally, the text of the Constitution was divided into 161 Articles and 15 Sections: (I) General Principles; (II) Human and citizens’ rights, freedoms and duties; (III) Elections, referendum; (IV) The Verkhovna Rada of Ukraine; (V) The President of Ukraine; (VI) The Cabinet of Ministers of Ukraine, other executive authorities; (VII) Public prosecution; (VIII) Justice; (IX) Territorial structure of Ukraine; (X) The Autonomous Republic of Crimea; (XI) Local self-government (XI); The Constitutional Court of Ukraine; (XIII) Making amendments to the Constitution of Ukraine; (XIV) Final provisions; and (XV) Transitional provisions.

Kudelia and Kasianov (2021), p. 14.

Mylovanov and Sologoub (2021), p. 81.

Plokhy (2016), pp. 332–336 and 365.

For more on the Great Famine, see Applebaum (2022). The original English title of the book is The Red Famine: Stalin’s War on Ukraine.

In the aftermath of the Orange Revolution, the President lost the power to dismiss members of the government—the Cabinet of Ministers of Ukraine—but gained the power to dissolve the Parliament if no coalition could be formed to appoint a Prime Minister. In 2010, during the presidency of Yanukovych, the Constitutional Court of Ukraine declared the 2004 changes unconstitutional. The 2004 changes were reinstated once again by the Parliament of Ukraine in 2014 as a result of the Dignity Revolution.

Plokhy (2016), pp. 338 and 339.

Snyder (2018), pp. 169–227.

Both trends—Europeanisation and decolonisation—are particularly well captured by a couple of book titles that comprehensively cover modern Ukrainian history and that were relied upon in this section: The Gate of Europe: A History of Ukraine and From ‘The Ukraine’ to Ukraine: A Contemporary History, 1991–2021. Written by Serhii Plokhy, Mykhailo S. Hrushevs’kyi Professor of Ukrainian History and Director of the Ukrainian Research Institute at Harvard University, The Gate of Europe gives an accurate and comprehensive account of Ukraine’s entire history until 2015, the year after the Russian annexation of Crimea. For putting Europe in the title and highlighting European vector for Ukrainian history, Plokhy offers the following explanation: ‘Europe is an important part of the Ukrainian story, as Ukraine is part of the European one. Located at the western edge of the Eurasian steppe, Ukraine has been a gateway to Europe for many centuries. Sometimes, when the “the gates” were closed as a result of wars and conflicts, Ukraine helped stop foreign invasions east and west; when they were open, as was the case for most of Ukraine’s history, it served as a bridge between Europe and Eurasia, facilitating the interchange of people, goods and ideas’ (p. XXI). Written by Western and Ukrainian scholars, From ‘The Ukraine’ to Ukraine gives a more detailed account of the modern history of Ukraine represented by the symbolic disappearance of the definite article in the name of the country as a symbol of colonisation and belongingness. Such disappearance reflects a transition from the post-soviet republic Ukrainian SSR—the Ukraine—to an independent sovereign state—Ukraine.

Plokhiy (2021), pp. 299–323.

By way of example, there were 1,611,451 incoming cases in 2018 (criminal cases not included). This means 0.04 cases per capita (calculating a population of 42,153,201 people). For more information, see The European Commission for the Efficience of Justice (Council of Europe), ‘Evaluation of the Judicial Systems (2018–2020): Ukraine (2022)’, p. 55. Available at https://​rm.​coe.​int/​en-ukraine-2018/​16809fe0cb.

See https://​reyestr.​court.​gov.​ua/​.

To contrast from the previous court ‘the Supreme Court of Ukraine’ the new court formally does not have a reference to Ukraine in the name—‘the Supreme Court’, or in Ukrainian ‘Верховний Суд’.

European Commission, ‘Association Implementation Report on Ukraine’. Available at https://​www.​eeas.​europa.​eu/​sites/​default/​files/​documents/​Association%20​Implementation%20​Report%20​on%20​Ukraine%20​-%20​Joint%20​staff%20​working%20​document.​pdf.

The European Commission for the Efficience of Justice (Council of Europe), ‘Evaluation of the Judicial Systems (2018–2020): Ukraine (2022)’, p. 18.

Article 45 of the Criminal Code of Ukraine and Article 33-1 of the Criminal Procedural Code of Ukraine.

For instance, on 27 October 2020, the Constitutional Court of Ukraine abolished criminal liability for a knowingly false asset declaration by government officials and reduced some powers of the National Agency for Corruption Prevention (NACP).

See ICAC, ‘Statistics and Practice’ (2022). Available at https://​icac.​org/​ua/​en/​statystyka-ta-praktyka/​. Accessed 5 September 2022. See also Chernykh (2022).

The law ‘On Mediation’ was adopted in November 2021.

The law ‘On Temporary Delegation of Powers to Issue Decrees in the Field of Legislative Regulation to the Cabinet of Ministers of Ukraine Powers’ dated 22 November 1992.

The Decree of the Cabinet of Ministers ‘On System of Currency Regulation and Currency Control’ dated 25 November 1993.

Kampo (2020).

The following codes were in force as of 26 December 2021: the Electoral Code of Ukraine of 2019, the Code of Ukraine on Bankruptcy Proceedings of 2018, the Code of Gas-Transport System of Ukraine of 2015, the Code of Civil Protection of Ukraine of 2012, the Criminal Procedure Code of Ukraine of 2012, the Customs Code of Ukraine 2012, the Air Code of Ukraine 2011, the Tax Code of Ukraine of 2010, the Budget Code of Ukraine of 2010, the Code of Administrative Legal Proceedings of 2005, the Code of Civil Procedure of Ukraine of 2004, the Penitentiary Code of Ukraine of 2003, the Commercial Code of Ukraine of 2003, the Civil Code of Ukraine of 2003, the Family Code of Ukraine 2002, the Land Code of Ukraine 2001, the Criminal Code of Ukraine 2001, the Water Code of Ukraine of 1995, the Maritime Code of Ukraine of 1995, Code of Ukraine about Subsoil of 1994, the Forest Code of Ukraine of 1994, the Commercial Procedure Code of Ukraine of 1991, the Code of Ukraine about Administrative Offences of 1984, the Housing Code of Ukraine of 1983 and the Labour Code of Ukraine of 1971.

Koziubra (2015), pp. 358–379; Golovaty (2006).

Decision of the Constitutional Court of Ukraine of 22 September 2005; Decision of the Constitutional Court of Ukraine of 29 June 2010; Decision of the Constitutional Court of Ukraine of 22 December 2010; Decision of the Constitutional Court of Ukraine of 20 June 2019.

Koziubra (2017), pp. 141–164.

Shevchuk (2007), pp. 40–51.

Decision of the Supreme Court of 18 April 2018, №753/11000/14-ц.

Disagreements about what constitute special regulations are not rare. See Spasibo-Fateeva (2013), pp. 166–175.

On early writing about needed reforms that would enhance the role of the Supreme Court in unifying judicial practice see Romanuk and Beytsun (2012), pp. 37–42.

By way of illustration, see Spasibo-Fateeva (ed) (2020); Spasibo-Fateeva (ed) (2021a, b).

Monaenko and Smirnova (2020).

Urkevych and Shumylo (2022).

As of the time of completion of this chapter, the Scientific Advisory Board includes 123 scholars. In 2022, the Supreme Court received 520 opinions. For the precise modus of cooperation between the Supreme Court and the Scientific Advisory Board, see Urkevych and Shumylo (2022).

Ukrainian Bar Association, ‘Ratings of Law Schools’ (UBA 2021). Available at https://​uba.​ua/​ukr/​news/​8600/​.

While not being able to offer the precise number of lawyers (either educated or practicing the profession), the number of the largest non-governmental organisation—the Ukrainian Bar Association (UBA)—uniting lawyers of all areas of legal profession is indicative. According to the recent information, there are approximately 7000 members in the organisation. See UBA, ‘Membership’. Available at https://​2022.​uba.​ua/​en/​membership/​?​lang=​eng&​section=​membership.

The European Commission for the Efficience of Justice (Council of Europe), ‘Evaluation of the Judicial Systems (2018–2020): Ukraine (2022)’, pp. 20 and 54–55; Malovatsky (2022).

Information as of 1 July 202. Available at https://​zib.​com.​ua/​ua/​148185-2021_​rik_​zvilneniy_​61_​suddya_​priznacheno_​_​11_​-_​statistika_​vr.​html.

Koziubra (2016), pp. 3–11.

European Commission, ‘Opinion on the EU membership application by Ukraine’, 17 June 2022. Available at https://​ec.​europa.​eu/​commission/​presscorner/​detail/​en/​qanda_​22_​3802.

Petrov (2020), pp. 173–198.