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Judicial Law-Making and Its Regulation in Independent Ukraine: Its History and Development 82 ACCESS TO JUSTICE IN EASTERN EUROPE Founded by East European Law Research Center AJEE is an English-language journal which covers issues related to access to justice and the right to a fair and impartial trial. AJEE focuses specifically on law in East European countries, such as Ukraine, Poland, Lithuania, and other countries of the region, sharing in the evolution of their legal traditions. While preserving the high academic standards of scholarly research, AJEE allows its contributing authors, especially young legal professionals and practitioners, to present their articles on the most current issues. Editor in Chief Prof. Iryna Izarova, Dr. Sc. (Law) Kyiv, Ukraine Deputy Editor in Chief Prof. Elisabetta Silvestri, JD, LLM (Cornell) (Law), Pavia, Italy Editorial Board Prof. Dr. Alan Uzelac, Head of the Procedural Law Department, Faculty of Law, University of Zagreb, Croatia Prof. Dr. Cornelis Hendrik (Remco) Van Rhee, Professor of European Legal History and Comparative Civil Procedure, Department of Foundations and Methods of Law, Faculty of Law, Maastricht University, the Netherlands Prof. Dr. Vytautas Nekrosius, Head of the Private Law Department, Faculty of Law, Vilnius University, Lithuania Dr. Vigita Vebraite, PhD (Law), Assoc. Prof. of the Private Law Department, Faculty of Law, Vilnius University, Lithuania Prof. Dr. Dr. h.c. (Law) Alexander Trunk, Director of the Institute of East European Law, Chairman of Center of East European Studies of Christian-Albrecht University of Kiel, Germany Prof. habil. Dr. Radoslaw Flejszar, Head of the Civil Procedure Department, Jagiellonian University, Poland Dr. habil. Tadeusz Zembrzuski, Prof. of the Civil Procedure Department, Warsaw University, Poland Dr. Bartosz Szolc-Nartowski, PhD (Law), Assoc. Prof., University of Gdańsk, Poland Costas Popotas, LLM QUB, Head of the Unit, Directorate-General for Administration, Court of Justice, Luxembourg Dr. Henriette-Cristine Boscheinen-Duursma, Priv.–Doz., Dr, LLM (Passau), MAS (European Law), Law Faculty, University of Salzburg, Austria Prof. Dr. Federico Bueno de Mata, Prof. of the Procedural Law Department, Law Faculty, Salamanca University, Spain Prof. habil. Dr. Vassilios Christianos, Prof. Emeritus of European Union Law, Faculty of Law, University of Athens, Greece Dr. Gabriel M. Lentner, Assoc. Prof. of International Law and Arbitration, Department of Law and International Relations at Danube University Krems, Lecturer in Law, Faculty of Law, University of Vienna, Austria Dr. Fernando Gascón-Inchausti, Prof. of the Department of Procedural and Criminal Law, Universidad Complutense de Madrid Law School, Spain Dr. Prof. Laura Ervo, Head of Unit, The Örebro University, Sweden Advisory Board Prof. Dr.Sc. (Law) Yuriy Prytyka, Head of the Civil Procedure Department, Law School, Taras Shevchenko National University of Kyiv, Ukraine Prof. Dr.Sc. (Law) Anatoliy Getman, Rector of the Yaroslav Mudryi National Law University, Ukraine Dr. habil. Robert Kulski, Prof. of the Civil Procedure Department II, Łódź University, Poland Prof. Dr.Sc. (Law) Serhij Venediktov, Prof. of the Labour Law Department, Institute of Law, Taras Shevchenko National University of Kyiv, Ukraine Managing Editors Dr. Yuliia Baklazhenko, PhD (Pedagogy), MA in Translation, Assoc. Prof. at the National Technical University of Ukraine ‘Igor Sikorsky Kyiv Polytechnic Institute’, Ukraine Dr. Serhij Kravtsov, PhD (Law), Assoc. Prof. at the Civil Procedure Department, Yaroslav Mudryi National Law University, Ukraine Language Editors Sarah White Assistant Editor Mag. Polina Siedova, ML, Yaroslav Mudryi National Law University, Ukraine For further information on our activities and services, please visit our website http://ajee-journal.com To submit your manuscript, please follow the instructions in our Guide. Papers and abstracts should be submitted online to one of the following email addresses: [email protected], [email protected], [email protected] © AJEE, 2021 ISSN 2663-0575 EELRC Publishing House VD ‘Dakor’ Access to Justice in Eastern Europe Issue 3 (11) August 2021 https://doi.org/10.33327/AJEE-18-4.3 TABLE OF CONTENTS EDITOR-IN-CHIEF’S NOTE Iryna Izarova About Issue 3 of 2021 and the Evolution of Justice in Ukraine During the Period of Independence https://doi.org/10.33327/AJEE-18-4.3-n000067 5 RESEARCH ARTICLES Ivanna Matseliukh The Evolution of Ukrainian Justice Under the Influence of the Church: For the 30th Anniversary of Ukraine’s Independence https://doi.org/10.33327/AJEE-18-4.3-a000068 8 Vasyl Shybiko The Evolution of Criminal Procedure in Ukraine over 30 Years of Independence https://doi.org/10.33327/AJEE-18-4.3-a000069 23 Oksana Kaluzhna The Struggle for Class Ranks and Prosecutor’s Dress during Ukrainian Independence: Historical, Legal, and Cultural Perspectives https://doi.org/10.33327/AJEE-18-4.3-a000070 52 Taras Didych Judicial Law-making and Its Regulation in Independent Ukraine: Its History and Development https://doi.org/10.33327/AJEE-18-4.3-a000071 82 REFORMS FORUM’S NOTES Maryna Stefanchuk, Oleksandr Hladun and Ruslan Stefanchuk Establishing Trust in the Court in Ukraine as a Strategic Task for Judicial Reform https://doi.org/10.33327/AJEE-18-4.3-n000073 101 Yuriy Prytyka, Vyacheslav Komarov and Serhij Kravtsov Reforming the Legislation on the International Commercial Arbitration of Ukraine: Realities or Myths https://doi.org/10.33327/AJEE-18-4.3-n000074 117 Nataliia Plakhotniuk, Uliana Koruts and Elmira Doroshenko Constitutional Restriction on Human Rights and Freedoms in the Development of Liberal Democracy in Europe https://doi.org/10.33327/AJEE-18-4.3-n000075 129 Liubov Maidanyk Artificial Intelligence and Sui Generis Right: A Perspective for Copyright of Ukraine? https://doi.org/10.33327/AJEE-18-4.3-n000076 144 Kabalskyi Roman and Shevchyk Olexandr Does Normativity Contribute to the Effective Protection of Rights? Reflections on the Concept of Normativity in the Modern Ukrainian Doctrine of Law https://doi.org/10.33327/AJEE-18-4.3-n000081 155 CASE NOTES Oksana Khotynska-Nor and Lidiia Moskvych Limits of a Judge’s Freedom of Expressing His/Her Own Opinion: The Ukrainian Context and ECtHR Practice https://doi.org/10.33327/AJEE-18-4.3-n000077 170 Oleksandr Drozdov, Oleh Rozhnov and Valeriy Mamnitskyi Mediation and Court in Ukraine: Perspectives on Interaction and Mutual Understanding https://doi.org/10.33327/AJEE-18-4.3-n000082 181 Vasyl Stratonov, Dmitro Slinko and Sergey Slinko Some Types of Computer Crime and Cybercrime in Ukraine https://doi.org/10.33327/AJEE-18-4.3-n000078 191 Tetiana Yermolaieva and Anastasia Plyokhova Some Aspects of the Environmental Rights Protection https://doi.org/10.33327/AJEE-18-4.3-n000079 198 ANNOUNCEMENT NOTE Iryna Izarova, Tetyana Komarova and Yuliia Baklazhenko About ELI-Unidroit Rules Adoption and Translation into Ukrainian https://doi.org/10.33327/AJEE-18-4.3-n000080 205 EDITOR-IN-CHIEF’S NOTE Access to Justice in Eastern Europe ISSN 2663-0575 (Print) ISSN 2663-0583 (Online) Journal homepage http://ajee-journal.com ABOUT ISSUE 3 OF 2021 AND THE EVOLUTION OF JUSTICE IN UKRAINE DURING THE PERIOD OF INDEPENDENCE his issue of Access to Justice in Eastern Europe consists of the collection of research articles focused on the evolution of justice in independent Ukraine. This year, we celebrate an outstanding event – 30 years ago, Ukraine became an independent state, and now, we have a great occasion to summarise some of our challenges and achievements.T Ukraine has come a long and intricate way to the final assertion of its independence as a state. According to various estimates, the emergence and proclamation of state formations on the territory of Ukrainian lands took place seven or perhaps even nine times.1 In 1990, during the collapse of the Soviet Union,2 Ukrainian society clearly decided its fate – in a 1991 referendum, 90.32% confirmed the Act of Independence of Ukraine, ‘continuing the millennial tradition of statehood in Ukraine’.3 The recognition of Ukraine as an independent state by Poland, Canada, Hungary, the Baltic States, and other countries of the world finally marked the recognition of Ukraine’s statehood on an international scale.4 Since then, the urgent task of the Ukrainian government has been to build independent state institutions, including the judiciary, on radically different principles of democracy and the rule of law. A great deal of our present may be clarified by past events, and this helps us to understand current problems deeply and to find the most appropriate ways of solving them. Not surprisingly, this issue began with the historical study of Ivanna Matseliukh devoted to the interrelation of the Church and the Ukrainian judiciary. Like European countries, where canon law has had a huge impact on the development of both the judicial system and the formation of basic approaches to the administration of justice, in particular, civil justice, the Orthodox Church played an important role in Ukraine. Traditionally we recognise the romano-canonic model of civil procedure and the general impact of the Church on judicial evolution in western Europe. Ukraine found itself at a crossroads between the influence of the Roman Catholic and Orthodox churches of Byzantium. In the distant tenth century, Princess Olga of Kyiv visited Constantinople and converted to their rite of Christianity, although she was later canonised by both the 1 See more about Ukrainian history in S Plokhy, The Gates of Europe: A History of Ukraine Basic Books (Reprint edition 2017); I Ševčenko, Ukraine between East and West: Essays on Cultural History to the Early Eighteenth Century (2nd edn CIUS Press 2009); R Szporluk, Russia, Ukraine, and the Breakup of the Soviet Union Hoover Institution Press (1st edn 2000); MH Taranenko, MN Taranenko, ‘The First State Formations on the Territory of Ukraine’ (2016) 1 Visnyk NTUU ‘KPI’ Politology, Sociology, Law <https://doi.org/10.20535/2308-5053.2016.1/2(29/30).119171> 2 On the difficult times of ‘perestroika’ before the proclamation of Ukraine’s independence in the 1990s, see T Kuzio, Ukraine: Perestroika to Independence (Macmillan Press Ltd 2000).
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