The handbook was presented on November 27, 2020

Handbook text: in Ukrainian, in English

Запис The Rule of Law Checklist at National Level. The Case of Ukraine спершу з'явиться на Rule of Law Research Centre.

This approach is described by the authors in great detail and is aimed at inserting the understanding of constitutional law universality of its institutes, concepts and terms which only set special national “colors” but are firmly based on universal elements of constitutionalism into Ukrainian legal discourse.

Textbook text

Запис “Constitutional Law” textbook  спершу з'явиться на Rule of Law Research Centre.

The research is very important as the application of administrative resources in order to get benefits in election is quite widespread. This applies to countries with developed democratic traditions as well. However, the harshest problems can be detected in countries where democracy is still under development. The absence of strong democratic traditions, high level of political culture and stable ethical public management standards develop the space where the major instrument countering the misuse of power is mainly conducted through formal legislation. Therefore, the forms and instruments of administrative misuse are developing quite rapidly. Quite often, the administrative powers are misused via novel instruments requiring quick reaction and application of new limitations and restrictions. International standards and national legislation are simply not capable of being in line with new threats. Even if the correction of national legislation is precise and fast enough, the new forms of administrative misuse gets new forms.

Ukrainian experience in resisting administrative powers misuse during elections has quite a lot to teach us. National legislation includes quite a few instruments implementing international standards and sound practice of elections’ administration. Practice of its implementation is quite positive and demonstrates a sound level of success. However, such instruments still leave gaps which are being used by politicians and officials unlawfully.

The terribly negative and dangerous issue requires wider and more complex approach. It has to cover the powers and resources which may be unlawfully used in the election process and also take into account those resources which may be applied way before the elections start and also after they are over. Taking that into account, except for “classic” blocks regarding elections’ administration, financing political activity and agitation limitations, we analyze two additional non-standard blocks: misuse of legislative power and providing inevitability of legal responsibility.

Text of the book

Запис Countering Misuse of Administrative Resources During Electoral Process спершу з'явиться на Rule of Law Research Centre.

Abstract
The article focuses on problematic issues of the implementation of the right to the social protection of persons who have suffered from an armed conflict in Eastern Ukraine. It presents a general analysis of the shortcomings of national legislation that limits the constitutional provisions for citizens of Ukraine to obtain the appropriate level of social protection. The article shows the problems of the status of internally displaced persons (IDPs), which should provide for them additional guarantees from the state, including social ones. However, the carried out research shows that this status often becomes a discriminatory factor that imposes disproportionate restrictions on individuals. The current legal regulation of social payments for internally displaced persons contains a number of rigid and rather complicated administrative procedures that significantly restrict, and in some cases even generally make it impossible to obtain social protection. The only effective remedy for the protection of an infringed right for pensions or other social benefits for internally displaced persons is an appeal to a court. The courts do not always carry out effective and prompt protection of the violated law. Despite positive examples of judicial practice, it can not always provide an adequate and well-timed level of social protection, which causes the need for the improvement of national egislation.

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Запис The Right to the Social Protection of Citizens in Conditions of the Armed Conflict in Eastern Ukraine: Legislative Challenges спершу з'явиться на Rule of Law Research Centre.

Abstract

Since Euromaidan and the beginning of annexation of Crimea and hostilities in the East of Ukraine post-truth was not much in focus of Ukrainian scholars. The events mentioned above have pulled the trigger of interest to the term in international scholarly world. Ukraine was not an exception in this situation. Having suffered through the consequences of post-truth practical application, Ukrainians have much to say on the matter of post-truth description and on the matter of dealing with it. My specific interest concerned the area of law, and this article focuses on the role post-truth plays in legal fields. I go over the basic ideas of post-truth, analyze its origin and influence, as well as provide examples of its legal application in Ukrainian environment.

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Запис Legal Interpretation in Post-truth Society: Ukrainian Case спершу з'явиться на Rule of Law Research Centre.

The assembled statutes and their excerpts as well as short academic commentaries made by the authors will provide possibility for better understanding of the rule of law principles and their effect in different systems of state public administration influenced by the best practice of administrative procedures regulation.

This handbook is prepared within the project “Local Self-Government and the Rule of Law in Ukraine” conducted by the Folke Bernadotte Academy and financed by the Swedish Agency on International Cooperation and Development (SIDA).

Handbook text: In Ukrainian, In English

Запис Handbook “Rule of Law in Public Administration and Self-Government: European Standards” спершу з'явиться на Rule of Law Research Centre.

The report has focused on the following spheres:

• civil state changes (birth, death, marriage, divorce) registration;
• obtaining passports;
• conducting entrepreneurial activity and protecting property rights;
• educational rights;
• citizens’ social security.

The authors have proposed improvements to legislation regarding the protection of internally displaced persons and Ukrainian citizens residing on the territories temporarily out of Ukrainian control, as well as to practice of its application by local government authorities and local self-government bodies specifically via public (administrative) services provision.

The summary is addressed to representatives of public administration bodies, primarily self-government authorities, law-enforcement bodies, international and national NGOs (mainly those focused on human rights protection), judges, political scientists, legal drafting specialists, including those on local level.

Executive Summary text.

Запис Executive Summary “Rule of Law and Occupied Territories of Donbas and Crimea” спершу з'явиться на Rule of Law Research Centre.

The principles mentioned above are addressed in connection with international election standards. The monograph outlines a three-level system of international election standards – the declaration of the name-principle as binding international act, address to the general content of such principle recommended illustration of the “appropriate practice” of principle-standard application in national legal systems.

Election law principles are addressed within the comparative approach. The provisions of national election law are addressed in comparison to the relevant provisions of national election law of Poland and Russian Federation, as well as of some other European states in certain cases, and also includes references to the approaches adopted by the Venice Commission, OSCE and European Court of Human Rights practice.

The research covers the essence and ways of implementation of the principles of general and equal election rights, free, sincere and real elections. The research reflects that the principles of direct and periodical elections should be regarded as constitutional principles of representative democracy and are not specific election law principles.

The monograph covers also the system of subjective election laws, discovers their content in the context of general and equal election law principles. It also specifically covers certain election law system elements – the institutes voting, election process, and elections’ administration bodies. The research specifies the place these institutions undertake in the system of election law principles, as well as their legal effect. The monograph also formulates its institutional principles.

The final chapter addresses the issue of domestic election legislation codification as the method of the system of election law principles and their application, as well as of election legislation application stability. The monograph also proposes the Election Code of Ukraine structure.

The publication is aimed at legal scholars, law school instructors, doctoral students and other law students, election specialists and anyone else interested in the election law and elections administration issues.

Monograph text

Запис Election Law Principles спершу з'явиться на Rule of Law Research Centre.

Textbook text.

Запис “General Theory of Law” Textbook спершу з'явиться на Rule of Law Research Centre.