As part of the ongoing educational programme of the Rule of Law Research Centre, this follow-up meeting brought together participants of the two-day training held in September in Truskavets. The aim of the event was to consolidate the knowledge acquired and to discuss opportunities for further cooperation.

During the mini-lecture, experts of the Centre provided a brief overview of the key principles of an anti-discrimination approach to law-making, presented in light of the recent European Commission Report on Ukraine.

The next part of the meeting focused on the practical application of the tools introduced during the training. Participants shared their experience in integrating equality-based approaches into their work, highlighted existing challenges, and expressed requests for further methodological support.

The Rule of Law Research Centre will continue to provide expert assistance and educational activities aimed at strengthening the capacity of state and local authorities to implement equality and non-discrimination standards in law-making.

This event was held with the financial support of the European Union and the Council of Europe. Its contents are the sole responsibility of the authors. The views expressed herein can in no way be taken to reflect the official opinion of either the European Union or the Council of Europe”

Запис Follow-up Meeting on the Training “Fundamentals of Rule-Making with the use of Anti-Discrimination Policy” спершу з'явиться на Rule of Law Research Centre.

Against this backdrop, on 13–14 September in Truskavets, the Rule of Law Research Center, with the financial support of the European Union and the Council of Europe, conducted a two-day training titled “Fundamentals of Law-Making with the Application of Anti-Discrimination Policy.” More than 30 representatives of the parliament, government, local councils, and civil society organizations took part in the event.

One of Ukraine’s key challenges is the “shift” of law-making to the sub-legislative level. When parliament leaves broad discretionary space for the executive branch, it not only weakens the democratic balance but also undermines public trust in institutions. Therefore, the practical component of the training in Truskavets aimed to demonstrate that high-quality law-making is impossible without sensitivity to equality and non-discrimination at the legislative level.

Participants worked together to develop skills for conducting anti-discrimination assessments. Does the text of an act conceal direct or indirect discrimination? If certain groups are placed at a disadvantage, can this be justified by a legitimate aim, and are the measures proportionate? Does the law provide effective safeguards against biased application of its norms? And when it comes to positive discrimination, does the act clearly define whom it applies to, for what period it is introduced, and which specific inequality it is intended to address?

We emphasized that not every difference in legal status amounts to discrimination. Social benefits, age restrictions, or special requirements for military service are legitimate exceptions. Formal equality is an important aspect of the rule of law—provided that it permits differential treatment only to the extent necessary to achieve substantive equality.

In the Ukrainian context, particular attention must be paid to the socialization of military experience. The atomization of individuals and social isolation create risks of authoritarianism; therefore, together with the participants, we discussed the concept of co-integration of society with people who have combat experience.

The return of veterans to civilian life must go hand in hand with society’s gradual transition toward a stable post-war democracy. This refers to transitional justice—a concept that encompasses not only the establishment of special courts but also a broader set of measures, including truth-seeking about mass violations, proportionate punishment of perpetrators, defining conditions for amnesty, and restoring trust in institutions.

Through the training, representatives of parliament, government, local councils, and civil society organizations gained additional knowledge and practical tools for implementing anti-discrimination processes in Ukraine. This is especially important in light of the EU integration “roadmap,” which sets clear tasks for the coming years: adopting by 2027 a law criminalizing hate speech, harmonizing national anti-discrimination legislation with EU law, and amending the Law “On the Principles of Preventing and Combating Discrimination in Ukraine” to account for multiple discrimination and discrimination by association. Strengthening participants’ capacity in these areas will contribute to building a more just, inclusive, and democratic legal order in Ukraine.

This event was conducted with the financial support of the European Union and the Council of Europe. The content of this material is the sole responsibility of the authors. The views expressed herein can in no way be taken to reflect the official opinion of the European Union or the Council of Europe.

Запис “Fundamentals of Law-Making with the Application of Anti-Discrimination Policy”: Training спершу з'явиться на Rule of Law Research Centre.

The project is conducted by the Rule of Law Research Centre
and is supported by the Folke Bernadotte Academy.

The armed forces of Russian Federation have invaded Ukraine on February 24, 2022 thus transforming the military conflict which started in 2014 into a large-scale aggression. Since the invasion, state bodies became overloaded, and often do not possess enough resources in order to perform sound and detailed legal analysis before legal action is taken. Therefore, they have attracted lawyers, specializing in constitutional, criminal, administrative law, human rights, and public management for their legal expertise and support. Meanwhile, citizens in receipt of state services are often not fully aware of the relevant conditions these services are provided in times of war, as well as on the relevant legislative and other changes affecting their rights in this period. The other great concern the sphere of public services has faced was the harsh increase in the internally displaced persons’ numbers.

Therefore, the Center will conduct the necessary research and analysis of the legislation including the recent changes and new laws, and will also provide legal consultations and recommendations to state bodies in the form of legal opinions, analytical papers, draft laws etc. The Center will also provide information on the most important legislative developments affecting human rights and will develop comprehensive recommendations on how to receive public services in times of war.

The Center shall generally provide assistance to public bodies in making quality comprehensible decisions and will develop an information campaign which will popularize legal opinions, consultations, and other analytical and information products.

This activity will be supported by the Folke Bernadotte Academy – Swedish state agency in the fields of peace, security and development.

The Folke Bernadotte Academy conducts “Local Self-Government and the Rule of Law” project with financial support from the Government of Sweden. Its major aim was to strengthen rule of law principles in providing public services on local level, as well as strengthening the capacity of local and national actors in solving problems related to the conflict in the East of Ukraine.

The project has focused on the spheres related to the rule of law, veterans’ reintegration and peace dialogue by conducting research, developing study programs for local and national partners, information events and joint initiatives with local and national partners. Starting 2022, The Folke Bernadotte Academy conducts its activity in Ukraine within the new Strategy of Swedish cooperation with Eastern European countries in the sphere of reforms (2021 – 2027)

Нове

Публікації

Запис Rule of Law in Times of War спершу з'явиться на Rule of Law Research Centre.

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.

Запис Andrii Koshman спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Natalia Kravchenko спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Ievgen Zvieriev, LL.M. спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Yulia Matvieieva спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Yurii Ischenko спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Olha Lobach спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Oleksii Tseliev спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Denis Azarov спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Denis Azarov спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Yurii Kliuchkovskiy спершу з'явиться на Rule of Law Research Centre.

Запис Prof. Dr. Anatoliy Zaiets спершу з'явиться на Rule of Law Research Centre.

Запис Valentyna Tkachenko спершу з'явиться на Rule of Law Research Centre.

Запис Dr. Volodymyr Venher спершу з'явиться на Rule of Law Research Centre.

Запис Prof. Dr. Mykola Koziubra спершу з'явиться на Rule of Law Research Centre.

Запис New Training Program Implemented спершу з'явиться на Rule of Law Research Centre.

«General Theory of Law»

The text preparation was supervised by Professor M. Koziubra in 2011-2016. This textbook includes significantly different approaches to understanding law, its meaning, role and place within the system of social regulators. The approach is based on OSCE developed standard of legal education. The standard is based on correlation of professional skills and knowledge Ukrainian law students possess with the needs of legal profession. The textbook, unlike similar textbooks in the field includes the chapter on the rule of law. This important and hardly comprehensible concept is being addressed in full detail with all its components the authors viewed as relevant to focus on.

«Constitutional Law»

The text preparation was supervised by Professor M. Koziubra in 2017-2021. The textbook has brought a new original approach to teaching constitutional law. The innovative parts include the approaches to the structure and modes of describing constitutional institutes, methodology of presenting material, balance between theory and practice, correlation of foreign experience, international standards and Ukrainian specifics, as well as other issues. 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.

Analysis of Court Practice Regarding the Protection of People Residing on the Territories of Donetsk and Luhansk oblasts temporarily out of Ukrainian Control

In September – December 2017 within this research project, the experts of the Center have conducted a thorough analysis of court practice regarding the protection of people residing on territories of Donetsk and Luhansk oblasts temporarily out of Ukrainian control. The research covered more than 500 court decisions (publicly available through the Unified State Register of Court Decisions). The research resulted in recommendations presented on the training for judges in Kramatorsk in December 2017.

Запис Research supported by OSCE Projects Coordinator in Ukraine спершу з'явиться на Rule of Law Research Centre.

• Western cluster (Dolyna, Ivano-Frankivsk, Lviv, Sambir, Truskavets);
• Eastern cluster (Myrhorod, Pyriatyn, Kharkiv, Chuhuyiv)
• Central cluster (Vilniansk, Melitopol, Ternivka)
• Southern cluster (Voznesensk, Mykolayiv, Yuzhne)

Additional participants represented Mariupol, Severodonetsk and Kherson.

Generally, the following training programs were developed within this Project:

• “Rule of Law in Self-Government Bodies’ Activities in Ukraine” aimed at general improvement of participants’ rule of law professional comprehension.
• “Following Rule of Law Principles in Administrative Services Provision” covers the specifics of rule of law application in six practical spheres of local self-government bodies’ activities.
• “Rule of Law and Legal Drafting in Local Self-Government” aimed at improving participants’ knowledge and professional understanding of local legal drafting through the prism of the rule of law principles and development of skills of its effective application for the protection of human rights and democracy on the institutional level of local self-government.
• “Rule of Law as Conflict Prevention Mechanism” aimed at supporting local self-government officials understand the specifics of normative regulation of local self-government bodies’ activities in military conflict conditions based on international standards.
• “Disarmament, Demobilization, Reintegration (DDR) for Public Bodies in Ukraine” covering major international standards and instruments of overcoming the results of military conflicts through the mechanisms of disarmament, demobilization, reintegration.

Запис Local Self-Government and the Rule of Law: A Serie of Trainings спершу з'явиться на Rule of Law Research Centre.

This handbook was the result of special research conducted by the Rule of Law Research Centre. Experts of the Center have made the relevant applied research regarding the instruments of practical implementation of the rule of law and its elements in Ukrainian political and legal reality. The research was supported by the European Commission for Democracy through Law (Venice Commission) and Council of Europe Office in Ukraine.

The participants of the event included representatives of Ukrainian law schools, Supreme Court justices, other courts’ judges, representatives of prosecution bodies, experts and practicing lawyers. The results of the research of the Center will stimulate further development of instruments aimed at comprehending the essence and content of the rule of law as well as of its components in process of making decisions in legal drafting and norms application.

Handbook text: in Ukrainian, in English. 

Запис “Rule of Law Checklist at National Level: The Case of Ukraine” Handbook Presentation спершу з'явиться на Rule of Law Research Centre.

Four two-day trainings were held for municipalities from partnering cities: Western cluster (Dolyna, Ivano-Frankivsk, Lviv, Sambir, Truskavets) on September 9-10, 2021; Eastern cluster (Myrhorod, Severodonetsk, Pyriatyn, Kharkiv, Chuhuyiv) on September 20-21, 2021; Central cluster (Vilniansk, Melitopol, Ternivka, Kherson) on September 29-30, 2021; Southern cluster (Voznesensk, Mariupol, Mykolayiv, Yuzhne) on October 8-9, 2021.

Запис Another Set of Trainings Just Over спершу з'явиться на Rule of Law Research Centre.

The project “Local Self-Government and the Rule of Law in Ukraine” has started in 2014 and continues up to now. It is being conducted by the Folke Bernadotte Academy and financed by the Swedish Agency on International Development (SIDA).

The Project is aimed at implementing and further support of rule of law principles in local self-government in Ukraine. It consists out of several research components.

Research and Analytical Materials Preparation

Experts of the Center have participated in specific research regarding the specifics of rule of law application in local self-government bodies’ activities in Ukraine. This research has mainly resulted in special methodology handbook “Rule of Law in Public Administration Bodies’ Activities” preparation. It is aimed at municipal officials, other public bodies’ officials, academicians and practitioners, as well as in the preparation of another methodology handbook “Rule of Law in Public Administration and Local Self-Government: European Standards”. The Center has also conducted a separate research which resulted in the report “Rule of Law and Occupied Territories of Donbas and Crimea” preparation. The authors have outlined general propositions regarding the improvement of the legislation on protecting rights and liberties of internally displaced persons and Ukrainian citizens residing on territories temporarily out of Ukrainian control, as well as the practice of its implementation by local self-government and state bodies, focusing specifically on providing public (administrative) services.

Developing and Implementation of Special Training Programs for Public Officials

• “Rule of Law in Self-Government Bodies’ Activities in Ukraine” aimed at general improvement of participants’ rule of law professional comprehension.
• “Following Rule of Law Principles in Administrative Services Provision” covers the specifics of rule of law application in six practical spheres of local self-government bodies’ activities.
• “Rule of Law and Legal Drafting in Local Self-Government” aimed at improving participants’ knowledge and professional understanding of local legal drafting through the prism of the rule of law principles and development of skills of its effective application for the protection of human rights and democracy on the institutional level of local self-government.
• “Rule of Law as Conflict Prevention Mechanism” aimed at supporting local self-government officials understand the specifics of normative regulation of local self-government bodies’ activities in military conflict conditions based on international standards.
• “Disarmament, Demobilization, Reintegration (DDR) for Public Bodies in Ukraine” covering major international standards and instruments of overcoming the results of military conflicts through the mechanisms of disarmament, demobilization, reintegration.

Generally, the experts of the Center have conducted more than 30 special trainings to test and implement the programs described above.

Events

Publications

Запис Local Self-Government and the Rule of Law in Ukraine: the Folke Bernadotte Academy Project 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.

The handbook “Rule of Law Checklist at National Level. Case of Ukraine” is a complex and detailed instrument of rule of law state evaluation both in legal drafting and norm implementation spheres. This instrument is based on the “Rule of Law Checklist” (CDL-AD (2016) 003) adopted by the Venice Commission on its 106^th plenary session (Venice, March 11-12, 2016). “Rule of Law Checklist at National Level” includes several major elements of the rule of law specific to Ukrainian conditions, namely legality, legal certainty, equality before the law and non-discrimination, proportionality, prevention of the abuse of powers, access to justice.

Except for the rule of law elements from the mentioned Venice Commission document it additionally includes the principle of proportionality which is very important for legal practice. “The Rule of Law Checklist” also partially changes the traditional approach to addressing the “prevention of the abuse of powers”. It mainly focuses at “limiting discretionary powers”. This is mostly due to current practice issues in Ukraine. Other components also take those into account.

The implementation of international standards into the national legal system is conducted mainly on legislative level. That is why, this “Checklist” is aimed mainly at legislative process and legal drafting practice. Therefore, the main audience is Verkhovna Rada of Ukraine attracted specialists as well as other actors involved in legal drafting and their expertise as well as implementation. We hope that this instrument will be handy also to those who implement norms primarily to Constitutional Court of Ukraine justices and other courts’ judges. Rule of law state evaluation should be done not in the form of external control, and this has to be a non-ending process of daily law application with full understanding of the essence and content of the rule of law and its components.

Events

Publications

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

For the students of bachelor’s program “Law” at the National University of Kyiv-Mohyla Academy

Applied complex course covering basics of theoretical understanding of the rule of law and its elements through their practical application. Students are offered practical cases to address the following rule of law elements: legality, legal certainty, equality before the law and non-discrimination, proportionality, prevention of the abuse of powers, access to justice. The course aims to develop students’ understanding of instruments of the rule of law and mechanisms of its application in court practice as well as in other applied spheres of law and provide basis for further legal studies and to generally develop students’ legal culture.

“Rule of Law in Management”

For the students of master’s program “Public Policy and Management” at the National University of Kyiv-Mohyla Academy.

The course is necessary for formation of master’s students’ legal thinking which is based on European values (unconditional acceptance of human rights and liberties being the inevitable components of the rule of law). The course aims at providing the understanding of the place of the rule of law in activities of state and municipal bodies as well as their officials, and its role in implementing human rights and liberties, specifically those residing on th4e territories where municipal bodies provide their services.

Запис Educational Courses Development 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.

Text

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.

Text

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.

The major goal of the project was to analyze court decisions. Experts have analyzed more than 2000 court decisions of Ukrainian courts of different levels and specializations. This analysis has outlined 230 decisions most clearly demonstrating the level of the rule of law application in practice.

The research resulted in the development of two educational programs for judges regarding the application of the rule of law and its components in practice. These program materials are actively applied by the National School of Judges for education of judges and candidates for a judge.

The practical aim of these programs is to develop judges’ and candidates for judges modern understanding of the rule of law based on the comprehension of its main elements: respect for human rights and liberties, their major effect on the relations between people and the state; the highest legal force of the Constitution; equality before the law; legal certainty; legality; proportionality; access to independent and unbiased court etc.

Запис Educational Programs in Rule of Law for the National School of Judges of Ukraine спершу з'явиться на Rule of Law Research Centre.