The Dispute Resolution Review: Ukraine (5th Edition)

Article by Sergiy Shklyar and Markian Malskyy*

I INTRODUCTION TO DISPUTE RESOLUTION FRAMEWORK

As a country with a civil law system, Ukraine has all its sources of law promulgated as written acts. The basic legislative act is the Constitution, which establishes the principles of the structure of state bodies, their authority and discretion. The Constitution also prescribes for the list of inseparable human rights that are guaranteed to all under Ukrainian jurisdiction.

Court practice (court decisions) of higher courts is not traditionally considered as binding for courts of lower instance, as court precedents are not recognised as sources of law. However, the judgments of the Supreme Court of Ukraine must be followed by the lower courts in a similar situation.