
Specialised Courts of Ukraine and European Countries: A Comparative Legal Analysis
Summary: 1. Introduction. – 2. Specialised Courts within the Methodological Framework and International Discussion. – 3. Specialised Courts as an Urgent Need for the State Development of Ukraine. – 4. The Experience of European Countries in the Context of Judicial Specialisation. – 5. Conclusions.
Abstract
Background: The issue of judicial specialisation is one of the main concerns in the development of a judicial system. This study aims to analyse the function and legal basis ofspecialised courts among the member states of the European Union (EU) and in Ukraine.
Methods: In the article, the authors used the following special legal methods: conceptual- legal, comparative-legal, formal-legal, and others. For example, the comparative-legal method helped the authors compare the features of specialised court practice in other countries and allowed them to identify how different countries regulate this issue at the legislative level.
Results and Conclusions: This article argues that specialisation is driven by the need to improve the efficiency of justice and the need to apply in-depth specialist knowledge in a specific area of justice. Information and knowledge gained from the experience of different countries can be used as a basis for the implementation, adaptation, and development of relevant new provisions in Ukraine.
About Authors
Mykola Lohvinenko
Associate Professor at the Department of Administrative, Economical Law and Financial Economic Security, Academic and Research Institute of Law, Sumy State University, Sumy, Ukraine
m.logvinenko@yur.sumdu.edu.ua
https://orcid.org/0000-0003-0288-8560
Corresponding author, responsible for submission, text writing and study preparing, responsible for ensuring that the descriptions and the manuscript are accurate and agreed by all authors.
Lyudmila Rudenko
Associate Professor at the Department of Administrative, Economical Law and Financial Economic Security, Academic and Research Institute of Law, Sumy State University, Sumy, Ukraine
l.rudenko@uabs.sumdu.edu.ua
https://orcid.org/0000-0001-6276-395X Co-author, responsible for data collection and writing.
Mykola Shunko
Postgraduate student at the Department of Administrative, Economical Law and Financial Economic Security, Academic and Research Institute of Law, Sumy State University, Sumy, Ukraine
shunko8104@yur.sumdu.edu.ua
https://orcid.org/0000-0001-9033-0801 Co-author, responsible for data collection and writing.
Olena Pylypenko
Postgraduate student at the Department of Administrative, Economical Law and Financial Economic Security, Academic and Research Institute of Law, Sumy State University, Sumy, Ukraine
https://orcid.org/0000-0002-2407-2362 Co-author, responsible for data collection.
Anton Vysotskyi
Student at the Department of Administrative, Economical Law and Financial Economic Security, Academic and Research Institute of Law, Sumy State University, Sumy, Ukraine
vysotskyi@yur.sumdu.edu.ua
https://orcid.org/0000-0003-2431-0786 Co-author, responsible for data collection and writing.
Competing interests: The co-authors declare that there is no potential conflict of interest related to this article.
Disclaimer: The co-authors declare that their opinions and views expressed in this article are free of any impact of any organizations.
Managing editor – Dr Serhii Kravtsov.
English Editor – Dr. Sarah White.
Copyright: © 2022 Lohvinenko M, Rudenko L, Shunko M, Pylypenko O, Vysotskyi A. This is an open accessarticle distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
References
1. Biletska A, ‘General characteristics of the implementation of the principle of specialization of judges’ (2016) 1 L&S 14-18.
2. Butler G, ‘An interim post-mortem specialized courts in the EU judicial architecture after the civil service tribunal’ (2020) 17(3) IOLR 586-632.
3. Constitution of the Federal Republic of Germany (1949) <https://www.bmi.bund.de/EN/topics/constitution/constitutional-issues/constitutional-issues.html#:~:text=The%20current%20version%20of%20the,the%20Federal%20Republic%20of%20Germany.&text
=The%20Basic%20Law%20was%20adopted,the%20state%20until%20German%20reunification> accessed 22 December 2021.
4. Glodan SI, ‘The state and problems of corruption in Ukraine’ (2019) <https://pzmrujust.gov.ua/yurydychni-konsultatsii/464-stan-i-problemy-koruptsii-v-ukraini> accessed 9 February 2022.
5. Gramckow H, Walsh B, ‘Developing specialized court services international experiences and lessons learned’ (2013) <https://openknowledge.worldbank.org/handle/10986/16677> accessed 9 February 2022.
6. Kanaryk Yu, Bank M, ‘Jurisdiction of the court on intellectual property issues’ (2018) 6 Young Scientist 185-187.
7. Kanaryk Yu, Petliuk V, ‘Relevant issues of establishing a Hight court on intellectual property issues’ (2017) 5 Legal Scientific Electronic Journal 67-69.
8. Lisna I, ‘Foreign experience in the functioning of judicial systems and the possibility of its use during judicial reform in Ukraine’ (2018) 1 Relevant Problems of Law: Theory and Practice 124-131.
9. Namyasenko O, ‘Constitutional and legislative consolidation of judicial specialization in Ukraine and international experience’ (2017) 16 Legal Regulation of the Economy 92-101.
10. Nesterchuk L, ‘The principle of specialization in the construction of the judicial system of Ukraine’ (2017) 2 Scientific Bulletin of Kharkiv State University 160-163.
11. Prokopiv B, ‘The specifics of the functioning of the High Anti-Corruption Court in Ukraine: international experience and Ukrainian realities’ (2018) 3 Relevant Problems of Jurisprudence, 103-107.
12. Prylutskyi S, Strieltsova O, Nurullaiev I, ‘Judicial Specialisation Through the Prism of the Principle of a “Natural Court”: A Comparative Analysis’ 2022 1(13) Access to Justice in Eastern Europe 100-115.
13. Rostovska K, ‘Problematic issues of creating anti-corruption courts in Ukraine’ (2017) 2 Legal Position 159-164.
14. Rudenko O, ‘Peculiarities of realization of principles of construction of judicial system in the organization of activity of local general courts in Ukraine’ (2020) 3 Legal Scientific Electronic Journal 502-506.
15. Salenko O, ‘The principle of specialization in the national judicial system’ (2018) 3 Bulletin of Criminal Proceedings 94-101.
16. Shcherblyuk OV, ‘Procedures of formation and liquidation of court in Ukraine: problems and prospects’ (2020) 3(2) Scientific Bulletin of Public and Private Law 192-196.
17. Shevchenko S, Sidorenko N, ‘The essence of the concept of political corruption and its danger in Ukraine’ in Discussion Issues of Application of Anti-Corruption Legislation: Materials International. Scientific-Practical Conf. (DDUVS, 2019).
18. Silantyeva E,‘The principle of specialization in the judicial system of Ukraine at the new stage of judicial reform’ (2011) 116 Legality Issues 1-8.
19. Timashov V, ‘Some issues of the judicial system in Ukraine on the way to further reform’ (2016) 2 National Law Journal 66-69.
20. Uzelac A, ‘Mixed blessing of judicial specialisation: The devil is in the detail’ (2014) 4 RLJ 146-164.
21. Zimmer M, ‘Overview of specialized courts’ (2009) 2(1) International Journal For Court Administration 46-60.
Reviews for article
Add a Review
Publication history
How to cite it?
-
Lohvinenko M, Rudenko L, Shunko M, Pylypenko O, Vysotskyi A ‘Specialised Courts of Ukraine and European Countries: A Comparative Legal Analysis’ 2022 No 2 (No14) Access to Justice in Eastern Europe 122-133. DOI: https://doi.org/10.33327/AJEE-18-5.2-n000203