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Draft Report Discretion of Administrative Bodies and Judicial Control

11 December 2020

Discretionary powers enable a public authority, a local self-governance body, or any other administrative authority (hereinafter – administrative authority) to make the best balanced and fair decisions when applying law. In 2019, Ukrainian Administrative Procedure Monitoring, which was carried out by the EU Project Pravo-Justice, dealt with discretion of administrative authorities and judicial control over its application. The results of the monitoring showed that the domestic law lacks clear rules on the limits of judicial interference with the discretion of administrative authorities while in the meantime, there is no distinction between the discretion of elected and non-elected authorities and no difference in the scope of judicial review of individual and collective decisions. At the same time, the study found that the concepts of interpretation of laws and discretion are not sufficiently distinguished in all areas of Ukrainian legal doctrine. Accordingly, within the framework of the EU Pravo-Justice Project, a group of national and international experts examined the discretion of administrative authorities and judicial control over its exercise in terms of legal doctrine, European standards, national legislation, and judicial practice.

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Analysis of application of disciplinary responsibility measures of bankruptcy trustees

10 December 2020

In the field of insolvency and bankruptcy, the disciplinary liability of bankruptcy trustees for the results of their professional activities occupies a special place. The reason for this is the performance of bankruptcy trustees of public law functions relating to the management and sale of assets of bankrupt enterprises to repay accounts payable.

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Development of UJITS: challenges and perspectives

4 December 2020

This aim of this report is to address issues of the development of the Unified Judicial Information and Telecommunication System (UJITS), which is provided by the laws and procedural codes as an instrument of e-services in court proceedings.

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Management of court IT systems: international experience

10 November 2020

Widespread introduction of information technologies in the functioning of courts and justice sector institutions as well as automation of their activities is a key aspect of Justice Sector Reform Strategy for 2015-2020 approved by Presidential Decree No. 276 of May 20, 2015. In this regard, at the end of 2017, amendments to the procedural legislation of Ukraine came into force, among which introduction of the idea of "electronic court" which is regulated by the Unified Judicial Information and Telecommunication System (hereinafter – UJITS) was the most innovative.

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Research of Justice needs of small and medium-sized business in Ukraine

23 October 2020

Experts group conducted a research to identify the justice needs of SMEs and develop policy recommendations in order to substantially reduce obstacles created by the justice sector on SME business development. The research was conducted by the Centre for Law and Democracy (CEDEM) together with the Hague Institute for Innovation of Law (HiiL) with the support of EU Project Pravo-Justice. [https://smes-in-ukraine.hiil.org/]

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