Кафедра кримінального та кримінального процесуального права

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    "Acquis вступу" як складова феномену права Європейського Союзу: [препринт]
    (2012) Петров, Роман
    Процес європейської інтеграції породив безліч новел політичного, економічного і правового характеру, які зумовили привабливість європейської моделі регіональної інтеграції для країн всього світу, включаючи Україну. У юридичній сфері ЄС поки є єдиним прикладом успішно функціонуючої наднаціональної правової системи в рамках окремо взятої регіональної міжнародної організації. Унікальність правової системи ЄС характеризується верховенством і прямою дією її норм в країнах-членах ЄС, а також наявністю правових досягнень - "аcquis communautaire", які повинні розділяти і застосовувати як країни-члени ЄС, так і країни, що претендують на отримання членства ЄС.
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    Applying the European Union's 'Energy Acquis' in Eastern Neighbouring Countries: the Cases of Ukraine and Moldova
    (2014) Petrov, Roman
    The Treaty of Lisbon paved the way for legal formalization of new European Union policies and significantly enhanced the external dimension of the European Union Internal Market. The newly emerged European Union energy policy is a good example of this. External objectives of the European Union energy policy are being fulfilled through the Energy Community which embraces not only European Union Member States and candidate countries but also third countries without any perspective of membership in the EU. The Energy Community is designed as a perfect example of the ‘integration without membership’ model which gives a stake for third countries in the European Union Internal Market and promotes European Union’s sectoral acquis beyond the EU borders and plays a role of a laboratory working on better and deeper engagement of third countries into expanding the European Legal Space. This article focuses on challenges of the process of the application of the EU ‘energy acquis’ in Ukraine and Moldova.
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    Article 8 TEU: Towards a New Generation of Agreements with the Neighbouring Countries of the European Union?
    (2011) Petrov, Roman; Van Elsuwege, Peter
    Article 8 of the Treaty on European Union (TEU) provides a new legal basis for developing the European Union’s relations with its neighbouring countries. This contribution traces the origins of this provision and analyses its objectives and potential application in practice. It is argued that Article 8 TEU codifies the conditionality approach of the European Neighbourhood Policy (ENP) and introduces a differentiation with traditional association agreements for political reasons. The launch of the Eastern Partnership in May 2009, including the offer of concluding association agreements with the EU’s eastern partners, largely undermines the significance of this distinction. It is, however, not to be excluded that Article 8 TEU is used in relation to other neighbouring countries, which are not interested in formal association with the EU.
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    Balkan region and the nis countries
    (2002) Petrov, Roman
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    Between ‘Common Values’ and Competing Universals: The Promotion of the EU’s Common Values through the European Neighbourhood Policy: [preprint]
    (2009) Petrov, Roman; Leino, Paivi
    The aim of this article is to discuss the position of common values in the domain of EU external relations. The article looks at the role of common values in defining the EU's identity in its external policies and uses the European Neighbourhood Policy as an example. It is argued that the notion 'common values' is used by the EU institutions as both a 'universal' and an 'EU' concept, which highlights their abstract nature. Such abstraction is also reflected in the way in which Russia has recently aimed at developing its own set of 'common values' to be adopted by the neighbour countries. It is concluded that the ENP does not promote jointly shared common values to be adopted by neighbour countries. Instead, it employs a conditionality policy to ensure that the EU’s own understanding of the meaning of its values are adopted by neighbour countries.
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    Compliance of the Criminal Legislation of Ukraine with the UN Protocol on Firearms
    (2020) Khavroniuk, Mykola; Krasnytskyi, Ivan; Lashchuk, Nataliya
    Problems with regulating the trafficking of weapons and ammunition emerged in Ukraine after the collapse of the Soviet Union. The Soviet military left behind a large number of small arms, light weapons and ammunition, much of which did not have proper (in some cases any whatsoever) inventory control and accounting. The purpose of the study is to find the best models of criminal liability for illicit manufacturing and trafficking of firearms in Ukraine, its parts and components and ammunition, taking into account international experience. The study investigates the issue of compliance of the criminal legislation of Ukraine with the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime, and proposes for harmonisation of national legislation with this Protocol. It is concluded that Ukraine needs to adopt the Law "On Arms Trafficking", which, among other things, must clearly define such concepts as "firearms", "parts and components", "ammunition", "illicit manufacturing", "illicit trafficking", etc. which would also be relevant for the criminal legislation of Ukraine.
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    Contract Law in Ukraine
    (Berliner Wissenschafts-Verlag, 2008) Logush, Lyubov
    The sovereign Ukraine is developing complex contractual relations with states from all over the world and is cooperating actively with universal and the European regional organizations. First, this means cooperation with the Council of Europe whose mem-ber Ukraine became in 1995, and the establishment of close relations with the Euro-pean Union and with NATO. Besides this, measures are under way which are intended to prepare Ukraine for entering the World Trade Organization. Ukraine is trying to integrate itself into Europe and apply common European val-ues to its legal system, such as pluralistic democracy, rights and freedoms of the per-son and supremacy of law. This process could be accelerated if Ukraine determined in its legal system the supremacy of the international law principle. In this context, reference can be made to the Draft Resolution of the Plenary Session of the Supreme Court of Ukraine "On the application by courts of trie avowed principles and rules of the international law and international treaties of Ukraine", which is now publicly be-ing discussed by lawyers. In fact, the authors of the present Draft Resolution consider obvious the thesis that the avowed principles of the international law constitute an integral part of the internal law of Ukraine.
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    Detention of a person suspected of committing a criminal offense during martial law in Ukraine
    (2023) Ablamskyi, Serhii; Galagan, Volodymyr; Basysta, Iryna; Udovenko, Zhаnnа
    This article is a detailed exploration of the detention procedures in Ukraine’s criminal justice system under the Criminal Procedure Code of Ukraine, with a specific focus on the conditions of martial law. The primary objective of the study is to offer a scientific solution to both theoretical and applied issues surrounding the procedural regulation of detentions, especially in the context of suspects of criminal offenses under martial law. Employing a range of research methods, including comparative legal, systemic, structural, formal legal, and statistical analyses, the study thoroughly examines existing legislation, regulations, and practices of detention procedures in Ukraine. It relies on a strong theoretical foundation derived from scholarly works in criminal procedure and law, and is further supported by empirical data from Ukrainian legal institutions like the General Prosecutor’s Office and the Supreme Court. The article presents well-reasoned conclusions and recommendations for improving detention practices, while also acknowledging the limitations of the research. These limitations encompass both theoretical perspectives and practical applications, highlighting the study’s implications in the broader context of criminal law and human rights. The originality and value of this research lie in its comprehensive and nuanced analysis of the detention process within a specific and challenging legal framework, contributing significantly to the academic and practical understanding of criminal procedural law under extraordinary circumstances.
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    Energy Community as a promoter of the European Union's “energy acquis” to its Neighbourhood: [preprint]
    (2012) Petrov, Roman
    The Treaty of Lisbon paved the way for legal formalization of new European Union policies and significantly enhanced external dimension of the European Union Internal Market. The newly emerged European Union energy policy is a good example of it. External objectives of the European Union energy policy are being fulfilled through the Energy Community which embraces not only European Union Member States and candidate countries but also third countries without any prospect of membership in the EU. The Energy Community is designed as a perfect example of the "integration without membership" model which gives a stake in the European Union Internal Market for third countries and promotes the European Union's sectoral acquis beyond the EU borders. The article focuses on challenges of the process of Europeanisation on the EU's eastern neighbouring countries through the application of the EU "energy acquis".
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    The EU and conflict mitigation in the European neighborhood: a story of a gap between ambition and deeds
    (2016) Novakova, Zuzana; Petrov, Roman
    From Russia’s aggression in Eastern Europe to the aftermath of the Arab Spring in the Southern Mediterranean, conflicts and violence highlight a range of new challenges to the EU’s external policy. There were six territorial disputes among the EU’s neighbours when the European Neighbourhood Policy was launched 12 years ago. None of these has been resolved, and both the Eastern and the Southern neighbours are more unstable and insecure today than they were when the Policy was launched. The EU seems unprepared to deal with these conflicts, as they now exist. This article analyses the European Neighborhood Policy as a framework for EU involvement in conflict prevention, management and resolution. The focus is twofold: first, on the principle of good neighborliness and the pitfalls preventing its effective implementation and, second, on the wider policy and political context of EU actorness in conflict and security matters.
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    The EU-Ukraine Association Agreement: A New Legal Instrument of Integration Without Membership?
    (2015) Petrov, Roman; Van der Loo, Guillaume; Van Elsuwege, Peter
    This article analyses the EU-Ukraine Association Agreement (EU-Ukraine AA). It argues that this new legal framework, which has the objective to establish a unique form of political association and economic integration, is characterized by three specific features: comprehensiveness, complexity and conditionality. After a brief background of the EU-Ukraine relations, the following aspects are scrutinized: legal basis and objectives, institutional framework and mechanisms of enhanced conditionality, and legislative approximation. In addition, constitutional challenges for the effective implementation of the EU-Ukraine AA are discussed. Based upon a comparison with other EU external agreements, it is demonstrated that the EU-Ukraine AA is an innovative legal instrument providing for a new type of integration without membership.
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    Europeanisation of Doctoral Reform in Ukraine: Recent State of Play and Future Challenges
    (2009) Petrov, Roman
    Current system of Higher Education (HE) in Ukraine inherited its foundation from the Soviet Union. Among all fifteen Soviet republics, Soviet Ukraine had one of the most advanced industrial potential. In order to support this economic might the Soviet Ukraine generously funded the HE and research in order to train high quality academic and research cadre, which contributed significantly to the Soviet advances in space industry, nuclear energy, machinery, physics and many other areas. Students enjoyed privilege of free HE, teaching staff and researchers had moderate but sufficient standards of living.
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    Exporting the Acquis Communautaire into the Legal Systems of Third Countries
    (2008) Petrov, Roman
    This article explores the role of the EU as a global actor in international relations and a promoter of its own standards and values abroad. In particular, this article studies selected substantive and procedural means of exporting the acquis communautaire into the legal systems of third countries. It is argued that the substantive means refer to the fundamental ways of implementing the acquis into third country legal orders. The procedural means relate to specific technical/procedural tools which either directly or indirectly encourage the implementation of the acquis into third country legal orders. The article concludes that these substantive and procedural means are not uniformly applicable, but are rather exercised in accordance with the specific objectives of EU external agreements. Analysis of the selected EU external agreements illustrates that their objectives unquestionably constitute a driving force behind understanding the role and mechanism of the substantive and procedural means of exporting the acquis communautaire.
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    The External Dimension of the Acquis Communautaire
    (2007) Petrov, Roman
    The aim of this article is to study the concept of the acquis communautaire in the domain of EU external relations. It is argued that the acquis communautaire varies according to the specific aims of its internal and external applications. The main objective of the acquis communautaire in its internal dimension is to enable the consistent development of the EU while preserving EC/EU patrimony by Member States. The objective of the acquis communautaire application in its external dimension is to push third countries to the forefront of the acquired level of economic, political and legal cooperation achieved by the EU. It is argued that the acquis communautaire is applied consistently in its external dimension, but mirrors the specific objectives of each new application. In order to comprehend the full scope of the application of the acquis communautaire, one must take into consideration both the general objectives of EU external policy towards third countries.
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    Extradition of a person: the national law of Ukraine and the case law of the European court of human rights
    (2023) Koniushenkо, Yana; Fomina, Tatiana; Galagan, Volodymyr; Udovenko, Zhаnnа; Ablamskyi, Serhii
    This article aims at establishing and emulating the relevant issues surrounding the detention of person presumed of committing a criminal offense outside the territory of Ukraine in respect with the provisions adumbrated by the European Court of Human Rights. The study was conducted through the prism of the national legislation and the relevant case law of the European Court of Human Rights. The article articulates, that as far Ukrainian national law and the European Court of Human Rights is concerned, handling issues of detention outside the Ukrainian territory is complimentary. It is the opinion that, the legal basis for the extradition of persons who have committed a crime outside the territory of Ukraine has been determined. It is emphasized that in this case the generally accepted norms and principles of international law conforming with national law of each member state that has ratified relevant international treaty, are important. The peculiarities of the normative regulation of detention of a person who has committed a criminal offense outside the territory of Ukraine enshrined in the current criminal procedure legislation, are analyzed. It is emphasized that during the law enforcement practice the problem is a clear definition of the grounds for detention of a person wanted by the competent authority of a foreign state. The issues of realization of the detainee's rights, including the right to protection, were considered separately. According to the results of the study, certain ways to improve the provisions of the Criminal Procedure Code of Ukraine have been formulated.
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    Extradition: the European court of human rights and the Ukrainian experience
    (2023) Fomina,Tatiana; Galagan, Volodymyr; Udovenko, Zhanna; Ablamskyi, Serhii; Koniushenko, Yana
    This article deals with the problematic aspects of sending back a person guilty of a crime outside the territory of Ukraine to the country where the crime was committed in accordance with the European Court of Human Rights (hereinafter – ECtHR) principles. The research was carried out within the framework of the domestic law of Ukraine and the court rulings of the ECtHR. The article states that the consideration of issues of detention outside the territory of Ukraine has a complex nature, being guided by the provisions of the national legislation of Ukraine and the European Court of Human Rights. The article determines the legal basis for the extradition of persons who have committed a crime outside the territory of Ukraine. It is emphasized that in this case the generally accepted norms and principles of international law conforming with national law of each State Party to the ECHR that has ratified relevant international treaty, are important. The specific features of the normative regulation of detention of a person who has committed a criminal offense outside the territory of Ukraine enshrined in the current criminal legislation, are analyzed. It is emphasized that during the law enforcement practice the problem is a clear definition of the grounds for arrest of a person wanted by the authority of another state. The problems related to the exercise of the suspect’s rights, such as the right to protection, were analyzed apart. The study results allowed to develop ways to amend the Criminal Procedure Code of Ukraine in order to improve the extradition procedure.