Main Sources of Ukrainian Law

The Ukrainian legislative system is based on the systematically organized and concerted legal rules (norms), which are combined to constitute different legal fields.

The principal source of Ukrainian law is the Constitution of Ukraine which has the highest legal force. The norms of the Constitution of Ukraine are norms of a direct effect. Appeals to the court in defense of the constitutional rights and freedoms of the individuals and citizens are guaranteed directly on the grounds of the Constitution. The principle of the rule of law was recognized by the Constitution and became effective. Laws and other normative legal acts should be adopted on its basis and conform to it.

Normative legal acts embrace not only laws proper (zakon) but also various normative acts of competent state bodies issued on the basis of laws, in accordance with laws and for their execution. Normative legal acts in Ukraine have different legal validity depending on the law-making subject.

In accordance with the Decree of the Verkhovna Rada On the order of temporary validity of some legal acts of the former USSR on the territory of Ukraine, such documents are in force in some branches till adoption of the new legislation.

In Ukraine the right to adopt laws belongs exclusively to the competencies of the Verkhovna Rada. The right of legislative initiative in the Verkhovna Rada belongs to the President, National Deputies and the Cabinet of Ministers.

The Verkhovna Rada and other state authority bodies are entitled to issue normative acts of the under-law-level in questions assigned to the jurisdiction. The President of Ukraine, on the basis and for the execution of the Constitution and the laws of Ukraine, issues decrees (ukazy) and directives (rozporiadzhennia). The Cabinet of Ministers of Ukraine, within the limits of its competence, issues resolutions (postanovy) and orders (nakazy). All the documents produced by the highest power bodies are mandatory for execution on the territory of Ukraine.

Individual ministries, state agencies and committees, in pursuance of laws of Ukraine, issue resolutions, directives and orders within the specific sphere of their competence. All these normative legal acts, normative acts of the National Bank of Ukraine and international treaties of Ukraine are registered at the Ministry of Justice of Ukraine.

Another type of law source is a normative legislation (law-making) which is a mutual agreement and contains the legal rules established by law-making subjects as a result of their multilateral agreement and supported by the state. Such agreements are very important in the spheres of civil, commercial and assets relations.

Acts which govern the observance, execution and application of legal norms (law-implementation acts) are issued by competent bodies or officials within the limits of their authority, e.g. the Office of Public Prosecutor, courts of administrative commissions.

Legal customs, ecclesiastical rules, judicial practice and the doctrine consisting of commentaries, articles, books, encyclopedias are not recognized as sources of law in Ukraine.

Task 3. Give Ukrainian equivalents for the following words and expressions. Make up sentences or situations using them:

A) Romano-Germanic legal family: to be tightly connected to smth; the Presidiums of the Supreme Councils; various legal acts; all-Union and Republic Ministries; to adopt jointly with smb; regulations; instructions; guiding materials; statutes; branch enactments; legal sources; the criteria of such restriction; the Declaration of Independence; in accordance with; the inappropriate dogmas; norms; normative acts; current legislation; legal and judicial reform; the legislative system.

B) normative legislation; legal norms; international affairs; special competent bodies; to govern the observance, execution and application; the founding members of the United Nations; to be binding; mutual agreement; multilateral agreement; international treaties; law-implementation acts; ecclesiastical rules; in accordance with the Constitution of Ukraine; to issue resolutions; regional budgets; to be mandatory; legal validity; commercial and assets relations.