Title: Comparative analysis of Ukrainian and Estonian law in the context of adaptation to EU legal standards

Authors: Maksym Hetmantsev; Andrii Shabalin; Mykola Haliantych; Anatoliy Kostruba

Addresses: Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, The Judiciary and Legal Proceedings, Academician F.H. Burchak Scientific; Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine ' Sector of Generalization of Expert and Court Practice, Scientific-Research Institute of Intellectual Property of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine ' Department of Private Law Research Methodology, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship of the National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine ' Department of Civil Law, Vasyl Stefanyk Precarpathian National University, Ivano-Frankivsk, Ukraine

Abstract: This study focuses on the establishment and development of general aspects of the legal system of the Republic of Estonia, in comparison with Ukrainian legal transformations in the context of the EU integration. Ukraine's way to achieving a European integration involves a number of issues that should be resolved, in particular corruption, unreformed judiciary, ongoing 'oligarchization', shadow economy, the influence of corporate interests, and insufficient economic development. Authors used comparison, analysis, and modelling methods. Attention is also paid to the procedural link of Estonian civil procedure to pan-European provisions, the application of common European procedures in the judicial proceedings of Estonia as an EU Member State. The authors have engaged in comparative analysis of Ukrainian civil procedural law and the corresponding law of Estonia Study concludes that adaptation of European democratic standards by the Ukrainian judiciary system would be difficult without studying legal experiences of other EU countries.

Keywords: Europe; Estonian judicial system; judicial proceedings; European Union; Estonian civil procedure; legal responsibility; Civil Procedural Code of Ukraine; judicial branch of government; Ukraine; Estonia.

DOI: 10.1504/IJPLAP.2022.124425

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.298 - 312

Received: 02 Dec 2021
Accepted: 19 Jan 2022
Published online: 26 Jul 2022 *

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