Prof. V. Kampo

Background on Legal Education in Ukraine

Legal education in Ukraine takes place in 163 high educational establishments (HEE): out of them 88 HEE of the I degree of accreditation, 19 HEE of the II degree of accreditation, 37 HEE of the III degree of accreditation and 13 HEE of the IV degree of accreditation. As of the 22nd of December 1999, six HEE have not been accredited yet: the Odessa State University, the Tavria Economic College, the Sevastopol State Institute of Post-Graduate Education, the college “Bakalyar” in Kyiv, the Kherson Economic and Legal Institute and the International Institute of Business in Kherson. All accredited establishments hold licenses for training professional lawyers.

The total amount of students accepted for the first year of studies in 1996-1997, for instance, was as high as 25 thousand: 8.6 thousand out of them in HEE of the I-II degrees of accreditation, 18.3 thousand - in HEE of the III-IV degrees of accreditation. The total number of law students this academic year was 86.5 thousand or 5.5% from the total number of students in all higher educational establishments in Ukraine (for comparison in Netherlands – 7.4%, in Germany – 5.7%, in Hungary – 4.0%, in Bulgaria – 1.5%).

In 1999 – 2000, ninety thousand students studied law as a specialty.

1. Structure of the Legal Education

Pursuant to the current legislation, the system of legal education includes high legal education, postgraduate education, Candidate’s and Doctor’s Degree education.

High legal education provides for fundamental, theoretic, professional, and practical training, obtaining of educational and qualification degrees by citizens according to their vocations, interests, and abilities, improvement of theoretical and professional knowledge, further training and obtaining new specialties and qualifications.

High education is based on general secondary education (11 classes). Educational establishments which train young specialists may accept persons with basic general secondary education (9 classes).

Acceptance of citizens to HEEs is based on competition and their capabilities irrespective of the form of ownership of the HEE and who pays for education. HEEs may establish their own list of entrance examinations and their own system to assess knowledge of entrants. Marks obtained at entrance examinations in one HEE are no good for another one.

Postgraduate legal education provides for new qualifications, new specialties and professions based on the previous high education and practical experience, provides for deeper professional knowledge and better legal skills. Postgraduate legal training is done by establishments of postgraduate legal education, which include:

· Institutes (centers) for further education of legal cadre;
· Subdivisions of colleges (affiliates, faculties, departments, etc.).

Candidate’s and Doctor’s Degree education are forms of training theoretical and pedagogical cadre of the highest qualification. Candidate’s and Doctor’s Degree education is set up under high educational establishments of III and IV degrees of accreditation and establishments of further education of the equal status (further referred to as high educational establishments), under research institutes, which have highly qualified theoretical and pedagogical cadre, and a modern theoretical, experimental and material basis.

Opening and closing down of the Candidate’s and Doctor’s Degree training in high educational establishments and in research institutions (with exception of research institutes of the National Academy of Sciences) belongs to the jurisdiction of the Ministry of Education; and in research institutes of the National Academy of Sciences it belongs to its Presidium.

Persons who have high education and specialist’s or master’s qualification are eligible for Candidate’s Degree training and are accepted based on competition.

The term for Candidate’s Degree out-of-service training is not longer than three years, and for in-service training is not longer than four years.

Persons who have the Candidate’s degree, scientific achievements and publications in the chosen specialty and who are capable of high level scientific research in the area of applied, research and fundamental science are eligible for the Master’s Degree training.

The term for the Doctor’s Degree training usually is not longer than three years.

2. HEE That Train Lawyers, HEE Grading, Accreditation and Licensing

High educational establishments that train lawyers in Ukraine include: technicums, colleges, institutes, academies, universities and other establishments. HEE have four degrees of accreditation based on their status:

- first degree – technicum or other HEE of the equal status;
- second degree – college or other HEE of the equal status;
- third and fourth degrees (depending on the results of accreditation) – institute, academy, university and other HEE equal to them.

University (classical university) is a multi-profile high educational establishment, which undertakes preparation of specialists with high education in a wide spectrum of natural sciences, arts, technical and other fields of science, engineering, and culture according to educational and professional programs of all levels, undertakes fundamental and applied scientific research, is a leading theoretical and methodological center, assists in spreading scientific knowledge, undertakes information and educational activities among the population, has a developed infrastructure of scientific and production enterprises and establishments, and a high level of the cadre, material and technical basis.

Academy is a high educational establishment, which undertakes preparation of specialists with high education according to educational professional programs of all levels in a particular area of knowledge and production, undertakes fundamental and applied scientific research, and represents a leading scientific and methodological center in its area, has high qualification cadre and material and technical basis.

Institute is a high educational establishment or a structural subdivision of a university, or academy, which undertakes preparation of specialists with high education according to educational professional programs of all levels in a particular area of theory, production, education, culture and arts, undertakes scientific and production activities, and has high qualification cadre and material and technical basis.

College is a high educational establishment or a structural subdivision of a university, or academy, which undertakes preparation of specialists with high education according to educational and professional programs of the bachelor’s or the junior specialist’s degrees in one or several related directions or specialties, has an adequate cadre potential and an appropriate material and technical basis.

Technicum is a high educational establishment or a structural subdivision of a university, or academy, which undertakes preparation of specialists with high education according to educational and professional programs of the junior specialist and has an adequate cadre potential and an appropriate material and technical basis.

Once in five years state grading takes place in all HEE, which undertake training, further training and training in new specialties of lawyers irrespective of their subordination and forms of ownership, and which obtain state requests for training lawyers.

Accreditation of a high educational establishment means recognition of its status, confirmation of its capability to undertake education of specialists in accordance with state requirements in a particular direction (specialty). The degree of education in a particular direction (specialty) and the HEE status can be raised exclusively through accreditation.

Accreditation is done upon the initiative of a HEE.

For this purpose a HEE submits self-analysis materials on activities in the claimed direction and in the claimed degree reviewed and approved by the HEE Board of Regents to the State Accreditation Commission and its corresponding specialty council.

Licensing of HEE is done through expert confirmation of the capability of a HEE to undertake activities in the claimed types and directions of education. Licenses for HEE educational activities are issued by the Ministry of Education and Science of Ukraine based on the decisions by the State Accreditation Commission.

Before a license for educational activities is issued, appraisal of the HEE capabilities to undertake the claimed activities takes place. Appraisal is carried out by specialty councils created by the State Accreditation Commission for each direction of high education.

3. Academic Degrees and Ranks

In Ukraine academic degrees in law include the Candidate Degree in Law and the Doctor Degree in Law. Academic Degrees of the Candidate and Doctor of Law are awarded by specialized Boards of Regents of HEE, research institutions and organizations according to the procedure established by the Cabinet of Ministers of Ukraine.

Scholars in law may have the following academic ranks: senior research assistant, assistant professor (dotsent) and professor. These ranks are awarded based on decisions by Boards of Regents of HEE, research institutions and organizations according to the procedure established by the Cabinet of Ministers of Ukraine.

Academic degrees of the Doctor and the Candidate of Law are conferred, and academic ranks of Professor, Assistant Professor and Senior Research Assistant are given to persons, who have high legal education, deep professional knowledge and significant achievements in the area of legal theory and in pedagogical activities. Issues of conferring academic degrees of the Doctor and Candidate of Law, and the academic rank of the Senior Research Assistant belong to the jurisdiction of the High Attestation Commission. Issues of conferring academic degrees of Professor and Assistant Professor belong to the jurisdiction of the Ministry of Education and Science.

Dissertation for an academic degree is a qualifying theoretical work done personally in the form of a specially prepared manual or published scholarly monograph. It must contain scientifically justified theoretical and practical results brought forward to be defended in public, as well as theoretical provisions; the monograph must have the unity of contents and demonstrate personal contribution of the aspirant to the development of science. Main scientific results of the dissertation reflect contribution of the author in their achievement and must be published by the author in the form of scientific monographs, manuals, tutorials, brochures, or articles in scientific specialist editions of Ukraine and other countries, the list of which is approved by the High Attestation Commission.

Academic rank of the Professor is given to Doctors of Law who work in HEE of III-IV degrees of accreditation and in post-graduate education establishments of the equal status, in research establishments of the National Academy of Sciences of Ukraine and the Academy of Legal Sciences, or organizations of the equal status, and who also have: a) an academic rank of an assistant professor (a senior research assistant); b) experience of teaching (scientific research) for minimum 5 years (including minimum 1 calendar year in one of the above mentioned ranks); c) theoretical and methodological publications, in particular, minimum 10 works (including monographs) published after the Doctoral Dissertation was defended; d) minimum 5 Candidates of Law prepared; e) who lecture in HEE.

4. Educational and Qualifying Degrees in Legal Training

HEE prepare lawyers according to the following educational and qualifying degrees:

Junior specialist – in technicums, schools and other HEE of the first degree of accreditation;
Bachelor – in colleges and other HEE of the second degree of accreditation;
Specialist, master – in HEE of the third and fourth degrees of accreditation.

HEEs, which prepare lawyers may create different types of educational, scientific and production complexes, associations, centers, institutes, affiliates, colleges, lyceums, gymnasia.

Junior specialist is an educational and qualifying degree of a professional who, based on general secondary education (11 classes), obtained general cultural education, special legal knowledge and skills, has certain experience of its application for undertaking typical professional tasks characteristic of certain positions in the area of law.

Bachelor is an educational and qualifying degree of a professional lawyer who, based on full general secondary education obtained deep general cultural education, fundamental and profession oriented knowledge and skills regarding the generalized object of work, and is capable of resolving typical professional tasks characteristic of certain legal positions.

Specialist is an educational and qualifying degree of a professional lawyer who, based on the bachelor’s qualification obtained special knowledge and skills, has certain experience of their application in undertaking complicated professional tasks characteristic of certain positions in the area of law.

Master is an educational and qualifying degree of a professional lawyer who, based on the qualification of a bachelor or specialist obtained deep knowledge and skills of innovative nature, has certain experience of their application and production of new knowledge for undertaking problem professional tasks in the area of law.

5. Training Plan

Training plan in law is the basic document in preparation of lawyers. Such plan is a normative document of a HEE, which is compiled based on educational and professional program and structural and logical scheme of such preparation, and specifies the list and volume of mandatory and optional disciplines, the order in which they are studied, specific forms for training sessions and their volume, schedule of the training process, forms and means of current and bottom-line checks.

Training plan must include two components of the state standards in the area of legal education: mandatory and optional disciplines. Mandatory disciplines are determined by the State, HEEs must use prescribed names and volumes of training mandatory for them.

Optional disciplines are determined by the HEE and are introduced to satisfy educational and qualification requirements of a person, ensure effective use of possibilities and traditions of a specific educational establishment, and meet regional requirements etc.

Training plan in law is prepared by a legal HEE or the Dean of a Legal Department with participation of profile chairs. This plan is approved by the Rector (Deputy Rector) of the HEE. An approximate number of hours for students according to the specialist degree program is 7000-7300 hours in 5 years.

6. Training Programs

Training programs for disciplines to be studied by lawyers are developed with respect to what part of the training plan they belong to. Training programs for mandatory disciplines represent a component of the state standard of education, and they must be developed centrally. But so far state standards in the area of legal education have not been developed. Therefore such programs are developed by HEEs on their own. The same approach applies for optional disciplines.

Training programs in legal disciplines should be prepared by legal HEEs and Departments based on appropriate standards approved by the Ministry of Education and Science of Ukraine. As such standards have not been developed yet, the programs of disciplines are developed based on local and foreign experience and are approved by HEE Boards of Regents.

7. Student Clinics

 Student Clinics are a mandatory component of the educational and training program to qualify for a degree and has the purpose of obtaining professional knowledge and skills by a student. Apart from practical classes, future lawyers do clinics three times in the bodies of state power and local self-government, in the Bar etc: legal clinics in the course of training, and before obtaining diplomas. Forms, length and time terms of such clinics are determined in the training plan of a HEE. In student clinics students study organization and operation of local state administrations and bodies of local self-government, of the court and prosecution, and their officers. Legal clinics before obtaining diplomas are done in those organizations where future professionals will work.

The purpose of legal clinics is to help students master current methods, forms of organization and practice, form professional skills based on knowledge obtained in a HEE to make their own decisions in doing specific work under real current market and other current conditions, form the desire to update their knowledge systematically and creatively use it in practice.

 8. State Examinations and Defense of Diploma (Master) Theses

Students who met all requirements of the HEE training plan are allowed to go through state examinations and defend diploma (master) theses. Students, who defended their diploma theses and passed state examinations according to the educational and professional program of training, are awarded a corresponding educational degree (qualification) by the decision of the State Examination Commission and are granted a state document of education (qualification).

9. Procedure for Hiring Law Graduates

In most cases after obtaining a bachelor’s, specialist’s, or master’s diploma in law graduates may get employed by private, public, state and municipal enterprises, establishments and organizations without any tests, etc. But certain positions have special requirements established by the law.

To become an attorney at law one must be a citizen of Ukraine, have high legal education, experience of work as a lawyer or assistant attorney of minimum two years, have passed qualification exams, obtained an attorney license and tendered an oath of an attorney of Ukraine.

An attorney may not work in a court, prosecution, state notary offices, bodies of the Ministry of Home Affairs, state administrations. Persons who were convicted may not be attorneys.

Position of a judge of district (town) court, inter-district court or court marshal of a garrison may be held by a citizen of Ukraine older than 25 with high legal education and, as a rule, legal experience of minimum two years.

Qualification examination is a mandatory requirement for holding the position of a judge in any of the above courts. This condition does not apply to persons who have a corresponding experience of work as a judge not exceeding 11 years.

Position of a judge of the Supreme Court of the Republic of the Crimea, oblast courts, Kyiv and Sevastopol city courts, regional courts marshal of the Army and the Fleet may be held by a citizen of Ukraine, older than 30 years at the day of election with high legal education and legal experience of minimum five years, including minimum three years as a judge.

Position of a judge in the Supreme Court of Ukraine may be held by a citizen of Ukraine, older than 35 years with high legal education and legal experience of minimum ten years, including minimum five years as a judge.

A person with a criminal record, limited legal capacity or recognized as legally incapable by a court ruling may not be a judge.

Selection of candidates for judges is based on the results of qualification exams.

Each citizen of Ukraine who meets requirements described above has the right to pass a qualification examination and apply for recommendation to a corresponding qualification commission of judges.

Qualification examinations for a judge’s position are given by qualification commissions of general courts, courts of the Republic of the Crimea, oblast courts and courts of cities of Kyiv and Sevastopol, by qualification commissions of judges of arbitration courts, courts marshal and the High Qualification Commission of Judges of Ukraine. If a person seeking a judge’s position failed his/her qualification examination, repeated examination is allowed not earlier than in one year. Results of the qualification examination are valid for three years. Persons disagreeing with a decision of a qualification commission may appeal to the High Qualification Commission of Judges of Ukraine.

A qualification commission of judges gives a qualification examination and, based on its results, makes a conclusion about recommendation of a person for a judge’s position.

Citizens of Ukraine with high legal education with required business and moral qualities may be appointed prosecutors and investigators. Persons who do not have practical professional experience do prosecution clerkships for up to one year. The Prosecutor General of Ukraine determines the procedure for it.

Persons newly appointed as deputy prosecutors, prosecutors of departments, subdivisions, and prosecution investigators tender an oath of a prosecution officer. The text of the oath is approved by the Supreme Rada of Ukraine. The procedure for tendering an oath is determined by the Prosecutor General of Ukraine.

Persons older than 30 years with minimum seven years of prosecution or judicial experience may be appointed to positions of prosecutors of the Autonomous Republic of the Crimea, the cities of Kiev and Sevastopol and other positions equal to them; positions of district and city prosecutors may be held by persons not younger than 25 years with minimum seven years of prosecution or judicial experience.

Prosecutors and prosecution investigators are subject to assessment once in five years. The Prosecutor General of Ukraine determines the procedure for it.

It is not allowed for prosecution officers to have secondary employment at enterprises, establishments and organizations and be involved in any business, except scientific research or teaching.

Persons convicted for a crime, except those who were exculpated, may not be accepted for positions of a prosecutor or a prosecution investigator.

Citizens of Ukraine chosen among officers in service or in reserve with high legal education may be appointed military prosecutors or investigators.

In their activities prosecution servicemen are guided by the Law of Ukraine “About Prosecution” and do their military services pursuant to the Law of Ukraine “About the General Military Duty and Service” and other legislative acts of Ukraine, which establish legal and social guarantees, pensions, medical and other types of support provided by the law for officers of the Armed Forces of Ukraine.

A citizen of Ukraine not younger than 40 years at the day of appointment with high legal education and at least ten years of professional experience, who has lived for at least 20 last years in Ukraine and has a good command of the national language may be appointed a judge of the Constitutional Court of Ukraine.

Background on Legal Education in Ukraine