THE PLACE OF THE HIGHER SPECIALIZED COURTS IN THE COURT SYSTEM OF UKRAINE AND THEIR ADMINISTRATIVE JURISDICTION
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 1
Abstract
The article certifies the problems of the place of the higher specialized courts in the court system of Ukraine through the prism of the principles on which it is based. The ambiguous approach of the legislator to this issue is analyzed in theses, both at the level of the Constitution of Ukraine and the Law of Ukraine "On Judicial System and Status of Judges". The attention is drawn to the relationship between the administrative jurisdiction of the higher specialized courts and the principles of establishing a judicial system. Thus, the competence of the Higher Court on Intellectual Property has found its legislative embodiment in the new version of the Economic Procedural Code of Ukraine. But, at the same time, there are prerequisites for its expansion, by including powers in the administrative jurisdiction of the Court to consider cases related to the protection of intellectual property rights in the order of other types of proceedings. The Higher Anti-Corruption Court is at the beginning of this path. Discussions on the relevant bill and its alternatives are taking place about the substantive jurisdiction of the Court. Hence, the success of the adoption of the foregoing Law depends on the pragmatism of the individuals involved in this process.
Authors and Affiliations
Lev Medvedyk
DECISION OF THE EUROPEAN COURT OF HUMAN RIGHTS IN THE RELIGION AND GOVERNMENT OF PUBLIC-RELIGIOUS RELATIONS
The article analyzes the mechanism of ensuring the rights in the field of religion and the settlement of state-religious relations, which is the decision of the European Court of Human Rights (ECHR). Examples of ECHR dec...
THEORETICAL LEGAL OF THE TERRITORIAL COMMUNITY AS THE BASIS OF LOCAL GOVERNMENT IN UKRAINE
In this article, the concept, types, features of the territorial community as the basis of local self-government in Ukraine are investigated. The author determines that the term "territorial community" has long been not...
DEFINITION OF THE ANTHROPOLOGICAL TYPE AND ETHNIC COMMUNITY OF THE PERSON IN THE CRIMINALISTIC DESCRIPTION OF HIS APPEARANCE
The article deals with the concepts of the anthropological type (race) and various ethnic communities (people, nationality, ethnic group) with reference to the criminalistic verbal description of the external appearance...
ADMINISTRATIVE AND JURISDICTIONAL ACTIVITY OF UKRAINE NATIONAL POLICE
The article is devoted to the peculiarities of administrative and jurisdictional activity of the National Police of Ukraine. It was determined that the administrative jurisdiction of the National Police of Ukraine should...
BASIC SECTORS OF INFLUENCE OF POLITICAL PARTIES ON FORMATION OF THE STATE POLICY
In article analyzes the scientific and source base of the topic under study. The peculiarities of functioning of political parties of Ukraine are determined. The presence of political parties is a sign of the high develo...