Research

 

The Chair continues to operate as the main centre of the European Law and Comparative Law School. In addition to teaching directly, the academic staff of the Chair of Comparative and European Law are noted for their active research activities related to the study of theoretical issues of the development of contemporary international, European and comparative law. They also participate in activities of international research groups regarding the approximation of Ukrainian legislation to the legislative provisions of the European Union and the Council of Europe. The result of their scientific activity is the publication of monographs, textbooks, manuals, articles and papers at international conferences.

 
The academic staff of the Chair are members of the editorial boards of professional legal periodicals: Bilas I.G. - Member of the Editorial Board of the International Scientific Professional Journal "Право України (Rule of Law)"; member of the Editorial Board of the scientific journal "Наше право (Our Law)"; member of the Editorial Board of the scientific journal " Право U.a (Law U.a)"; Smyrnova K.V. - Deputy Editor-in-Chief of the online professional periodical " Журнал європейського і порівняльного права (Journal of European and Comparative Law)" and Bilas I.G., Vlyalko I.V., Fedorova A.L., Lysenko O.M, Shpakovych O.M., Sviatun O.V. are members of its editorial board; Fedorova A.L. - Deputy Editor-in-Chief of the professional scientific journal "Український часопис міжнародного права (Ukrainian Journal of International Law)".
 
Smyrnova K.V. is the Chairman of the Scientific and Methodological Council of the IIR and the Coordinator of the European Law Club.
The Chair is constantly working on the training for research staff. All academics of the Chair have PhD in Law (candidates of legal sciences). Recently, under the guidance of Professor Muraviov V.I. several doctoral (habilitational) theses were defended by Makarukha Z.M., Grynenko O.O. In 2013 Shpakovych О.M, the first among young academics of the Chair. defended doctoral (habilitational) thesis on the topic "Development of Legal Mechanisms for the Implementation of Acts of International Organizations’ Bodies". In 2014 under the guidance of Prof. Bilas I.G. Kaminska N.V. defended her doctoral (habilitational) thesis. In 2015, doctoral (habilitational) thesis on “The Legal Order of Competition in the European Union (the latest Development Trends)” was defended by Smyrnova K.V.
 
Academics of the Chair and staff of the Research department of the Institute periodically prepare legal opinions and answers to requests of state institutions, in particular the Supreme Court of Ukraine, the Ministry of Justice of Ukraine, the Ministry of Foreign Affairs of Ukraine. The researches prepared by the staff of the Chair were applied within the framework of the negotiation process for signing the Association Agreement between Ukraine and the EU.
 
In addition, the academics of the Chair and research fellows are actively involved in the drafing of the number of legislative acts, in particular the Draft Law of Ukraine "On the Principles of Internal and Foreign Policy of Ukraine", 2009 (Prof. Muraviov V.I., Assoc. Prof. Smyrnova K.V., Assoc. Prof. Vlyalko I.V., Junior Research Fellow Berezovska I.A.); of the Draft Law of Ukraine “On State Aid to Business Entities”, 2011 (Assoc. Prof. Smyrnova K.V.).
 
In the course of the years 2008-2013 academics of the Chair and research fellows Prof. Smyrnova K.V., Prof. Shpakovych O.M., Assoc. Prof. Sviatun O.V., Assoc. Prof. Vlyalko I.V., Berezovskaya I.A. Ph.D., delivered lectures on training courses for the staff of the Secretariat of the Cabinet of Ministers of Ukraine in the field of European and Euro-Atlantic integration "European Integration: Economy, Politics, Law". Academics of the Chair Smyrnova K.V., Sviatun O.V., Vlyalko I.V. are Senior experts of the EU funded project "ASSOCIATION4U - A4"; Fedorova A.L. is the Permanent Expert of the Council of Europe project on internally displaced persons; Fedorova A.L. and Lysenko O.M. - members of the Scientific Advisory Board to the Supreme Court of Ukraine.
 
The Chair of Comparative and European Law cooperates closely with the centres of European and Comparative law in other research and educational institutions of Ukraine. Among them are the Institute of State and Law V.M. Koretsky, Department of European Law of Ivan Franko National University of Lviv, and Department of Law of the European Union and Comparative Law of the National University “Odesa Academy of Law”, Department of International Law of Yaroslav Mudryi National Law University.
 
Academics and postgraduate students of the Chair participate in international scientific conferences, educational and scientific events of European universities and regularly undergo internships abroad.
 
Currently, the academics of the Chair of Comparative and European Law provide the following courses:
"Theory of State and Law", "Roman Law", "History of Political and Legal Studies", "History of State and Law of Ukraine and the Countries of the World", "Comparative Constitutional Law", "Comparative Administrative Law", "Comparative Labour and Social Law" , "EU Social and Labour Law", "Comparative Criminal Law", "Comparative Criminal Process", "Comparative Administrative Process", "Comparative Municipal Law", "Judicial Systems and Comparative Judicial Law", "Contemporary Legal Systems", "European Union Law", "Law of International Organizations", "EU Transport Law", "Legal Framework of Association of Ukraine with the European Union", "Universal and Regional Systems of Human Rights Protection", "International Criminal Law", "European Private Law", "EU Competition Law", "Competition Law and International Trade", "EU Economic Law", "Concentration Control Workshop", "EU Competition Law (Basics and Procedures)", "Legal Regulation of Trade Protection Means", "Competition (Antitrust) Law", "EU Commercial Law", "European Judicial Case-Law regarding the Human Rights Protection", "EU Migration Law", "Legal Aspects of the Council of Europe Activities", "Legal Framework of Public Procurement and State Aid in the EU", "Legal Regulation of the EU Common Commercial Policy", "Law on State Aid to Business Entities".
 
In addition, the Chair provides courses for the English Masters programs of the Institute, namely: "EU Competition Law", "Competition Law and International Trade", "EU Economic Law", "Legal Framework of Public Procurement and State Aid in the EU", "Legal Framework of the EU Common Commercial Policy".
Since 2015 the Chair provides Master's program in English “European Business Law”.
 
Research fellows of the Chair and post-graduate students
 
 
Berezovska Iryna – PhD in Law (Candidate of Legal Sciences), Research Fellow of the Institute of International Relations, practicing international lawyer with many years of experience in foreign economic activity and pharmaceutical law, expert in the field of EU international agreements on association, member of the working groups on approximation of the legislation of the State Service of Ukraine on issues of food safety and consumer protection.
Education: Taras Shevchenko National University of Kyiv, Institute of International Relations, 1999. The PhD thesis on "Legal Regulation of Relations between the European Union and Associated Countries" was defended in 2005.
Fields of Research: European Union Law, EU Economic Law, EU External Relations Law, EU and Ukraine Tax Law, Legal Framework of the Internal Market in the EU, Legal Framework of Ukraine's Relations with the EU.
 
Author of more than 50 scientific papers on European Union Law.
 
 
 
 
Kalinina Olga - PhD in Law (Candidate of Legal Sciences), Junior Research Fellow, Secretary of the Academic Council of the Institute of International Relations of Taras Shevchenko National University of Kyiv.
Education: Kyiv International University, 2008 and Taras Shevchenko National University of Kyiv, Institute of International Relations, 2010; postgraduate studies - Taras Shevchenko National University of Kyiv, Institute of International Relations, Chair of Comparative and European Law, 2013. The PhD thesis on "Legal Framework of Companies in the European Union" was defended in 2014.
Fields of Research: European Union Law, Corporate Law of Ukraine and the EU, EU Tax Law, Business Law, Approximation of the Legislation of Ukraine with the Law of the European Union.
 
 
 
Martyniuk Bogdana - postgraduate student of the Chair. Master of International Law. Education: Taras Shevchenko National University of Kyiv, Institute of International Relations, 2016. The PhD thesis on: “Legal Regulation of the European Digital Space”.
Fields of Research: European Union Law, Approximation of Ukrainian legislation with the EU Acquis, EU-Ukraine Association Agreement, Competition Law, Contemporary Legal Systems.
 
 
Ponomarenko Mariia - postgraduate student of the Chair. Master of International Law; Education: Taras Shevchenko National University of Kyiv, Institute of International Relations, 2016. The PhD thesis on: "Legal Regulation of Electronic Public Procurement in the EU".
Fields of Research: International Law, European Union Law, Public Procurement, Electronic Public Procurement, Approximation of the EU and Ukraine Public Procurement Institute, Competition Law and EU Financial Law.
 
 
Siniavskyi Petro - postgraduate student of the Chair. Master of Business Economics and International Law; Education: the Bohdan Khmelnytsky National University of Cherkasy, 2003; Kyiv National Economic University, 2006; Taras Shevchenko National University of Kyiv, Institute of International Relations, 2017. The PhD thesis on: “Formation and Development of National Asylum System in Ukraine in accordance with International Standards”.
Fields of Research: International Law, European Union Law, Migration Law, Law of International Organizations, Diplomatic and Consular Law.
 
 
 
 
 
Savitskyi Valentyn - postgraduate student of the Chair. Education: Master of Law, Taras Shevchenko National University of Kyiv. The PhD thesis on: "Legal Framework of International Labour Migration of Ukrainian Citizens".
Fields of Research: European Union Law, International Labour Migration, International Legal Framework of International Labour Migration, Legal Regulation of Euro-Atlantic integration Processes.
 
 
 
Veselovsky Bogdan - postgraduate student of the Chair. Education: Master of International Law, Taras Shevchenko National University of Kyiv, Institute of International Relations, major: International Law, 2019. The PhD thesis on "Services of General Economic Interest as a Form of Permissible State Aid in the EU and in Ukraine".
Fields of research: European Union law, EU External Relations Law, EU-Ukraine Association Agreement, International Humanitarian Law and International Criminal Law.
 
Scientific publications
In 2014-2019, research and academic staff of the Chair published 26 monographs (3 of which were single, 23 in co-authorship), 6 textbooks, 2 manuals, more than 80 articles, 29 publications in foreign publications.
 
Monographs, manuals of the Chair:
• Smyrnova K.V. Legal Regulation of Competition in the European Union: Economic and Legal Doctrines, Genesis, Evolution of Formation and Extraterritoriality. - Saarbrücken: LAP LAMBERT Academic Publishing, 2014.- 65 p.
• Bilas I.G. Substantiation of the Right of the People to Revolt in the Context of Violations of Fundamental Rights and Freedoms of Human and Citizen by the Yanukovych regime before and after the beginning of Euromaidan // Ukrainian Revolution of Dignity and the Aggression of the Russian Federation: Collective Monograph, Ed. O.V. Zadorozhnyi - K.: Publisher: KI.S. 2014 - 899 pp. - C.35-47.
• Bilas I.G. Introduction. International Legal Aspects of European Integration of Ukraine in the Globalization World: Historical Experience and Realities of the Present // European Law in 3 volumes. - K .: Publisher: KIMO. 2014. P.5-25.
• Bilas I.G. International Political and State Law Doctrines: A Textbook. - K .: Unesco-Socio Specialized Publishing House, 2015. - 572 p.
• Smyrnova K.V. Legal Regulation of Competition in the European Union: Theory and Practice: monograph / K.V. Smyrnova. - Odessa: Phoenix, 2015. - 432 p.
• Popko V.V. Comparative Municipal Law: Manual. / V.V. Popko. - K.: Kyiv University, 2016 - 351 p.
• Formation and Development of European Law Science in Ukraine. Liber Amicorum to the 70th anniversary of Prof. V. Muraviov: collective monograph / O.M. Shpakovych, O.M. Lysenko, K.V. Smyrnova, A.L. Fedorova, O.V. Sviatun, I.G. Bilas, O.V. Goncharuk, V.V. Popko et al .; Ed. K. Smirnova. - Odessa: Phoenix, 2017.
• Priority Areas for Research on State and Law Development in the context of Ukraine's Euro-Atlantic integration. On the Occasion of the 65th anniversary of Prof. I. Bilas: a collective monograph / O.M. Lysenko, V.I Muraviov, A.L. Fedorova, OM Shpakovich, I.A. Berezovskaya, N.V. Bench, I.V. Vlyalko et al .; Ed. Prof. N. Kaminska - Kyiv. - Drohobych: The Universe. 2018 - pp. 191 - 212.
• Bilas I.G., Bilas A.I. Modern Jurisprudence: A Textbook of Four Books. Book One: The Modern Theory of State. - K .: UNESCO-SOCIO Specialized Publishing House, 2018. - 456 p.
• Bilas I.G., Bilas A.I. Modern Jurisprudence: A Textbook of Four Books. Book Two: The Modern Theory of Law. - K .: UNESCO-SOCIO Specialized Publishing House, 2018. - 572 p.
• Fedorova A.L. Comparative Labour Law. Textbook / A.L. Fedorova.- Odessa: Phoenix, 2018. - 352 p.
• Bilas I.G. International Comparative Political Views and State-Law Doctrines. To the 75th Anniversary of the Institute of International Relations of Taras Shevchenko National University of Kyiv. Textbook. - K .: UNESCO-SOCIO Specialized Publishing House, 2019.- 595 p.
A special pride of the Chair is the collective textbook European Law: Law of the European Union. - textbook: in 4 books. / Ed. V.I. Muraviov:
Book 1: Institutional Law of the European Union / V.I. Muraviov, O.M. Shpakovych, O.M. Lysenko and others. / Ed. V.I. Muraviov. - K .: In-Yure Publishing House, 2014. - 312 p.;
Book 2: Substantive Law of the European Union / V.I. Muraviov, I.V. Vlyalko, K.V. Smyrnova and others. / Ed. V.I. Muraviov. - K .: In-Yure Publishing House, 2014. - 456 p.;
Book 3: The Law of External Relations of the European Union / V.I. Muraviov, M.M. Mykiyevych, I.G. Bilas and others. / Ed. V.I. Muraviov. - K.: In-Yure Publishing House, 2014. – 408 p.
Book. 4: Substantive Law of the European Union / V.I. Muraviov., S.D. Belotskyi, O.O. Grynenko, M.O. Medvedieva and others - Ed. V.I. Muraviov . - K.: In-Yure Publishing House, 2016. - 400 p.
 
The textbook provides research on a wide range of issues of legal regulation of the process of economic, political and legal integration within the European Union.
The historical stages of the formation and development of European Union law, the legal nature of the EU and its legal system, the activities of the Union institutions are covered. It provides legal analysis of the sources of European Union law and acts of integration bodies. Particular attention is paid to the human rights protection system within the European Union. The features of European citizenship are established and an analysis of the EU Charter of Fundamental Rights is provided.
 
The legal mechanisms of the functioning of the fundamental freedoms of the EU internal market, the directions of activity and the economic policies of the EU are covered. The basics of legal regulation of financial and economic relations, the securities market, public procurement, antitrust, competition, corporate, transport, labour, social legislation of the EU and types of EU activity in other areas are revealed.
 
The legal base of the external relations of the European Union is covered. The legal mechanisms for implementing the EU's common foreign and security policy, the EU's common trade policy, and the EU's Schengen acquis are explored. Special section is focused on legal regulation of Ukraine's relations with the European Union and approximation of law.
 
Scientific publications in scientometric databases
The academic staff of the Chair pays particular attention to foreign publications included in scientometric databases, in particular SCOPUS and Web of Science.
 
Such publications include:
1. Smyrnova Kseniia, Korynevych Anton, Fedorova Alla, Beresovska Iryna. The Antitrust Treatment of Electricity Market of Ukraine: Conundrum with the Concept of Collective Dominance and EU Experience // Baltic Journal of Economic Studies (WoS), Vol. 4 No 1 –2018. P. 319-327.
2. Yakovyuk I., Smyrnova K., Tragnyuk L., Donets A., Shestopal S. The issue of the International Legal Personality of the EU Member States (a case of German Sub-Federal Units) // The Turkish Online Journal of Design, Art and Communication (TOJDAC). - March 2018 Special Edition DOI: 10.7456 / 1080MSE (WoS).
3. Olha Shpakovych. International and European law in the Constitutions of the European Union Member States. - Astra Salvensis, Supplement no. 1, 2018 - P.409-422. (Scopus).
4. Olha Shpakovych, S. Vladyka. Constitutional documents of international organizations as a special sources of the law of international organizations. - Statute Law Review, 2018, Vol. 00, No. 1 00, 1-13. - doi: 10.1093 / slr / hmy006 (Scopus).
5. Natalia Kaminska, Olha Shpakovych, Vladimir Demydenko, Svetlana Vladyka, Kateryna Sokh. Trends in the development of international legal personality: a theoretical analysis. - Opsion. Vol.34, Num.87-2 (2018) P.507-520. (Scopus).
 
Students' research achievements
Major "European Law":
Veselovskyi Bogdan – 2019 Graduate of Master's degree program:
• 1st International Student Research Projects Competition “Safeguarding and Protecting Human Rights” - Diploma in nomination “Project Viability” (November 18, 2017)
• 1st All-Ukrainian Labour Law Debate (Vinnytsia, November 25, 2017) - 3rd place
• II All-Ukrainian Competition in International Criminal Law (Lviv, March 10-11, 2018) - awards: II place, personal distinction "Best speaker", command distinction: "Best memorandum"
• III All-Ukrainian Debate Competition "Art of Judicial Speech" (Vinnitsa, April 21, 2018) - personal award "Best Speaker"
• Winner of the Studway Young Scholarship Competition (2018)
• Winner of the International Renaissance Foundation's "Internships in Analytical Centres" competition - intern of the Ukrainian Centre for European Policy (2018)
• 2nd degree diploma - winner of the All-Ukrainian competition of student scientific works in the specialty international law 2018/2019. Scientific supervisor: Associate Professor Vlyalko I.V., Ph.D. The topic of the paper was "Legal Regulation of Green Public Procurement in the EU and the WTO"
• participated in the III All-Ukrainian International Criminal Law Moot Court (March 20, 2019, Lviv). The IIR team won 1st place in the competition. Veselovsky B. was awarded the title of "Best speaker of the Moot Court" for the second year in a row.
Makarchuk Lina - 2019 Graduate of Master's degree program:
• 1st International Student Research Projects Competition “Safeguarding and Protecting Human Rights” - Diploma in nomination “Project Viability” (November 18, 2017)
Lipkan Dmytro – 4th year Bachelor student:
• 1st National Moot Court Competition on EU Law (21 September 2018, Kyiv), held as part of the Development Initiative.
 
The plans and prospects of research and academic development of the Chair
In order to improve the quality of higher legal education in the specialty "International Law" in the specialization European Law in the context of the process of reforming the legal education and access to the legal profession, the following activities are planned: the development of scientific international legal studies, improving relations with employers, involvement in the educational process and research practitioners in the field of European law and creation of the Research Centre "Ukrainian Centre for European and Comparative Law".
In 2019 the Institute of International Relation concluded the cooperation agreement with Kazimieras Simonavičius University (Vilnius, Lithuania) regarding the introduction of double degree diplomas programme at the European Business Law LLM in English provided by the Chair of Comparative and European Law.
Together with the Council of Europe Project in Ukraine: Internal Displacement in Ukraine: Developing Long-Term Decisions, it is planned to introduce a distance course on international legal standards for internal transfer and the legislation and practice of Ukraine for master's students with a case study simulation in the European Court of Human Rights and delivering certificates for successful completion of the course.
 
Scheduled case studies (provided by course programs)
Educational Programme: European Business Law (MA - English), M.Sc.
- EU Competition Law - (solving cases involving employees of the Antimonopoly Committee of Ukraine, law firms Illyashov and partners, Asters, Arzinger etc.)
- Legal Workshop on Topical EU Law Issues (Workshop involving representatives of public authorities with the formulation of tasks for solving, in particular, the Government Office for Coordination of European and Euro-Atlantic Integration, the Ministry of Foreign Affairs; involving representatives of the EU Delegation to Ukraine and European projects)
- Legal regulation of transactions and international trade in goods (the solution of practical problems is provided by the discipline program)
- Settlement of International Disputes (resolution of practical cases is envisaged by the program of discipline, involvement of employees of the Ministry of Foreign Affairs of Ukraine and the Office of the President to study Ukraine's practice of protecting the rights and interests of the Ukrainian State in international judicial bodies)
 
Educational Programme: "International Law", M.Sc.
In the specialization "European Law":
- Competition (antitrust) law - (provides for resolving cases involving the Antimonopoly Committee of Ukraine, Ilyashov Law Firms and Partners, Asters, Arzinger etc.)
- EU Migration Law (solving cases involving of employees of the State Migration Service of Ukraine)
- European Judicial Case-law in the field of Human Rights (the solution of practical tasks is provided by the discipline program, involving judges of the Supreme Court of Ukraine to study the practice of the judicial authorities of Ukraine in the implementation of the judgements of the European Court of Human Rights, as well as the application of these judgements by the Ukrainian judiciary)
 
Specialization in European Competition Law:
- Practicum of Applying Legal Procedures in EU and Ukrainian Competition Law (case studies) - involving representatives of the Antimonopoly Committee of Ukraine, law firms Illyashev & Partners, Asters, Arzinger
- The Law of State Aid to Economic Entities - involving representatives of the Antimonopoly Committee of Ukraine and representatives of European projects
 
During the current and next academic years, it is planned to draft and publish 3 textbooks, 4 manuals, 2 electronic lecture notes and 2 lecture notes in English for the Bachelor degree students.