The thesis is dedicated to a complex study of legal regulation of Ukraine – European Union cooperation the field of justice. The author analyzes the theoretical foundations, evolvement, development and main directions of the EU-Ukraine collaboration in the area of justice. Various theories of integration and their manifesting in the EU evolution and its member-states cooperation in the area of justice are analyzed.
The work defines the concept of «justice» in Ukrainian and EU law as well as the correlation and interrelation of the concepts «justice» and «home affairs», their relationship to the concept of freedom, security and justice. We show the theoretical framework of cooperation in the field of justice through the spectacle of the EU «pillar» structure.
The author carries out an analysis of legal bases, problems and perspectives of the EU-Ukraine cooperation in justice system issues and judicial cooperation in civil and criminal matters. She determines that in the light of Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, cooperation in the mentioned spheres sets out the system of legal cooperation. The analysis is made in comparison with the fundamental norms that regulate judicial cooperation between EU member-states in general and in civil and criminal matters in particular.
Researching the legal framework of the EU-Ukraine cooperation in justice system issues, the author determines that such cooperation differs from the components of judicial cooperation in the EU law. The EU-Ukraine cooperation on justice issues composes most common points of judicature functioning and judicial proceedings in Ukraine in the light of European standards. In other words, it doesn’t concern direct cooperation of courts in any category of cases.
The thesis also contains the analysis of legal bases in civil matters cooperation between Ukraine and the EU. The author determines that legal framework of such collaboration is set out in Association Agreement and EU-Ukraine Action Plan on Freedom, Security and Justice. The essence of it comes down to the implementation of the most important international conventions with special attention paid to the conventions of the Hague Conference on Private International Law. The author determines that only full implementation of Hague conventions in the areas of international legal cooperation and litigation as well as the protection of children provides the legal basis of the EU-Ukraine cooperation in civil matters.
In this thesis the author also analyzes the legal bases of the EU-Ukraine cooperation in criminal matters. As well as in civil matters, the essence of such cooperation is determined through accession and implementation of Ukraine to international conventions on mutual legal assistance and extradition, in particular to the Rome Statute of International Criminal Court, and on closer cooperation with Eurojust. By analyzing these issues, the author compares the peculiarities of legal regulation of the same issues in the EU law, paying attention to the mutual recognition principle and application of different warrants.
This research is also dedicated to the key issues of current EU-Ukraine cooperation in the field of justice. Such issues include the problematics of European standards implementing in judicial and penitentiary reforms in Ukraine. Regarding the judicial reform, the author marked its most actual directions. The author indicates the main problems of judicial system and proceedings as well as the ways addressing them in the light of the best European practices.
There is also the analysis of main problems of penitentiary reform with the aim of implementing European standards in it. We underline the special importance of adopting a single law, which could regulate the main issues of penitentiary system functioning, necessary amendments to the sentence oversight bodies and health workers activities, taking into consideration European Prison Rules and the results of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment activity.
Besides, the author analyzes the legal bases, practical aspects and significance of Ukraine - EU Judicial Cooperation Unit cooperation resulting from the recent conclusion of the Agreement with this unit. As exemplified by the results of certain transnational crime investigations the author demonstrates the significant importance of Ukraine’s cooperation with Eurojust. She also determines the main problems that need to be solved in order to make this cooperation better and emphasizes on the perspective of further collaboration.
