NLAO structure

Research activitis of the NLAO teaching staff

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The results of business activity studies are very important. After the concepts of business activity and business law had been defined and acts of law and practical data analysed, it was deduced that weakness and imperfection of business legislation, unregulated nature of many acts, inconsistence of acts of law, especially subordinate legislation, provide negative influence on business efficiency in Ukraine. In order to carry on market reforms in Ukraine it is necessary to improve legislation on business activities, systematise it and secure supremacy of law in particular. On this basis, a proposal was made to create a complex intersectoral legal act – Business Code. As a result of researches the problems of adaptation of Ukrainian law in the economic activity spheres, the concept of adaptation of law to European standards was framed; theoretical question regarding the role of legal regulation within EC against international legal relations was put; conceptual provisions regarding adaptation of Ukrainian law in the economic spheres to EC legislation were formulated; correlation between adaptation of Ukrainian law to European standards and reform of law in Ukraine were considered; primary development of top-priority directions of integration and law adaptation – such as foreign commerce and investment law of Ukraine and legal regulation of currency issues – was done.

Chairmen of the Supreme courts of Ukraine and Russia V.T.Maljarenko and V.M.Lebedev exchange opinions with Chairman of the Supreme soviet of justice of Ukraine, president ONAL S.V.Kivalovym and first pro-rector ONAL professor J.E.Poljansky

In accordance with results of study of employment law and social security law problems, principles of modern employment law of Ukraine were formulated in view of international European standards in the sphere of employment, general principles of law, and provisions of the Constitution of Ukraine. Proposition regarding distinguishing in employment law system a new subdivision – employment procedure law – was elaborated. Specific proposition regarding implementation of international legal acts in the sphere of securing collective employment law in legislation and law practice in Ukraine were made. Subject, method, system, and principles of modern social security law in Ukraine were specified, academic researches in the sphere of creating of social law of Ukraine were done, and structure and directions of its development were formulated.

While criminological problems were being studied in ONAL, a conclusion regarding factors of crime auto-determination was drawn. These are criminal way of life, personal forms of criminal behaviour and methods of committing crimes, criminal subculture, and social and psychological ways of communicating persons interaction. It is formulated that collective victimisation depends upon degree of involving a state, its structures and separate groups of citizens in transnational criminal activity; political state structure and government policy regarding social security in the country; state and structure of crime in the country; its geography; intensity, duration, and degree of criminality of certain groups of citizens contacts with those who misuse power, their impunity both from the community and bodies of local self-government.

On the basis of criminal procedure problems consideration and improvement in law-enforcement bodies’ organization and their activities in the fight with crime, the following directions for improvement in justice administering were formulated: to reform radically procedural legislation and the legislation that regulates activities of the bodies that promote justice; to provide appropriate training of judges, their material supply, security; to reform radically institution of prejudicial inquiry in criminal cases; to organize and finance personal security for those who take part in investigation and hearing in criminal cases; to provide special provisions of law on legal excuse for the persons who are implanted in organized crime by law-enforcement bodies for fighting with it and partially take part in its criminal activity; to revise existing legislation regarding fight with corruption, in the highest levels of power in particular.

To conform to national character of Ukrainian culture and law traditions the students are trained on the ground of Ukrainian political, legal, and aesthetical thought of XIX-XX century; they are encouraged to use Ukrainian language in their life, in jurisprudence in particular.

It is also worth mentioning that the Academy employees compiled and put into print an English-Ukrainian dictionary that contains about 40 000 terminological units.

Using their scientific achievements the Academy scholars participated in lawmaking process. The Academy scholars took part in drafting 32 bills: Administrative Code of Ukraine, Code of Administrative Procedure of Ukraine, Civil Code of Ukraine, Code of Criminal Procedure of Ukraine, laws of Ukraine on principles of foreign and home policy, bodies of citizens’ self-organisation, municipal service, state control of executive bodies and members of executive bodies, prevention of money-laundering, national institution in Ukraine, etc.

At the same time 26 memoranda on matters of lawmaking and enforcement of law and executive bodies activities were written and directed to the Verkhovna Rada, the Administration of the President of Ukraine, the Cabinet, the Constitutional Court, the Supreme Court of Ukraine, the Customs, Odesa Oblast Administration, Odesa City Rada, etc.

Academic researches in ONAL were being carried on according to the Ministry of Education and Science of Ukraine scientific programme entitled “Topical problems of development of democratic social constitutional state.”

Тhe study entitled “Local self-government in Ukraine as a developing constitutional state” was being carried out at the Academy as a part of a governmental programme entitled “Scientific problems of development of the state of Ukraine”.

This theme also belongs to international (interstate) programmes: TACIS Programme “Institutional improvement of civil service” (leading organization – European Union), “Public Policy” Programme (leading country – USA), “Democratic Education” Programme (leading country – Canada), “Law Clinics” Programme (leading country – Hungary), “International Humanitarian Law” Programme (leading country – Switzerland), pilot programme of self-government development based on the city of Irpin’, Kyiv Oblast (leading country – Sweden), and regional programmes: Programme of legal education for Odesa Oblast citizens and Programme of legal support of the city of Odesa territorial community, its representative and executive bodies of self-government.

Тhe research work entitled “Criminology, victimology, and penitentiary problems of fight with crime” that is being carried on in ONAL, is a part of a Coordination plan of researches in criminology, also of a joint Ukraine-USA programme “Internet Grants Project” (is being coordinated by “Supremacy of Law” Foundation), international project “Penal Justice System in Ukraine” (is being co-ordinated by Nottingham University Centre of Human Rights, Great Britain), international programme “Ukraine-USA Scientific Partnership Project” (is being coordinated by the USA National Institute of Justice), and international programme of regional partnership (is being coordinated by the British Council). The latter was also joined by researches of a study entitled “International means of providing sovereignty of the state of Ukraine and its international security”.

In 2000-1 the ONAL employees were given seven grants. The Academy educators travelled abroad 51 times: ten trips as trainees, five – to read lectures, two – to conduct researches, 25 - to take part in international conferences and seminars, and 19 trips with different tasks (to establish academic connections, to conclude an agreement on co-operation, etc).

ONLA also maintains active and permanent academic connections with University of Passau (Germany), University of Regensburg (Germany), University of Washington (USA), University of Maryland (USA), Central European University (Hungary), Institute of European Law (Hungary), Institute of Foreign Relations at Warsaw University (Poland), University of Bucharest (Romania), RAS Institute of State and Law (RF), Moscow State University (RF), Moscow State Law Academy (RF), Ural University (RF), Baku University (Azerbaijan), Moldova AS Institute of Philosophy, Sociology and Law, Moldova National University, Moldova National International University, etc.

In the course of communication with the named institutions there took place experience and plans of research work exchanges, joint work at academic studies, exchanges of academic information and books, participation in specialised councils for defence of dissertations, discussions on the forms of international co-operation, etc.

The same directions are maintained in co-operation with high law education establishments in Ukraine, also with all education establishments of the Ministry of Education and Science of Ukraine, with a number of high education establishments of the Ministry of Internal Affairs of Ukraine (especially with Odesa Law Institute of National University of Internal Affairs), SBU Academy, also with Academy of Law Science of Ukraine and NASU Institute of State and Law named after V.M.Korets’kyi. The latter, in particular, was a partner in compiling “Encyclopaedia of Law”. At the same time studies fulfilled at APS of Ukraine are also being extensively used in academic activity and when writing textbooks and training aids.

There are two specialised scientific councils in the Academy.

In 2001 results of the researches carried out in the Academy were reflected in 687 published studies that amount in total to 1318.08 sheets. Among them are twelve monographs written by one author or co-authors (123.5 sheets), twelve textbooks (231.96 sheets), 54 training aids (705.12 sheets), 409 articles in academic collections of articles and magazines (257.5 sheets).

Six Academy employees were awarded for their works in 2001 at the annual all-Ukrainian competition for the best publication in the sphere of law. These are: training aid “Business Law: subjects of business. Crediting. Leases. Leasing. Foreign commerce. Investments. Antimonopoly Law. Fair Trade Laws.” by N.O. Saniakhmetova – 2nd prize; textbook “Social Security Law in Ukraine” by I.M. Syrota, textbook entitled “Agrarian Law” (O.O.Pohribnyi – one of the authors) – 3rd prizes; monograph “The History of European Private Law: the Western tradition” by Ye.O.Kharytonov, textbook entitled “Municipal Law of Ukraine” (M.O. Baimuratov, B.A. Perezhnyak – two of the authors), training aid “Civil Law: Private Law. Civilistics. Individual persons. Legal entities. Property law. Obligation. Types of Contracts. Copyright. Representation.” by Ye.O.Kharytonov and N.O. Saniakhmetova – special awards.

Two books of scientific works are being published by the Academy – “Aktualny Problemy Derzhavy y Prava” (“Topical Problems of the State and Law”) (issues NN9 – 12 were published in 2001) and “Aktualny Problemy Politiky” (“Topical Problems of Politics”) (14 issues were published). Both are on the VAK list as scientific editions where results of scientific researches may be published. The Academy founded magazine „Yuridichny Vistnik” (“The Juridical Herald”) and is among the founders of magazine “Mytna Sprava” (“Customs business”) – both are also on the abovementioned VAK list; magazine “Torgovoye Moreplavanie” (“Merchant Shipping”).

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