THE PLACE OF THE HIGHER SPECIALIZED COURTS IN THE COURT SYSTEM OF UKRAINE AND THEIR ADMINISTRATIVE JURISDICTIONJournal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 6)
Publication Date: 2018-02-28
Authors : Medvedyk Lev;
Page : 23-29
Keywords : principles of the court system of Ukraine; the higher specialized court; jurisdiction;
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.
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