Peculiarities of determining propriety of a party in public legal disputes on appealing decisions of medical and social expert commissions and military physician boards by the Ministry of defence of Ukraine

Abstract

In the process of developing a legal democratic state on the way to European integration, the Ukrainian society and the state as a subject of law face the next tasks related to the implementation in national legislation, the state policy of standards and principles of international law, embodied, in particular, in the provisions of international agreements between Ukraine and the European community.
 One of the significant agreements that contributed to the revision of the conceptional approaches to law-making and enforcement activities in Ukraine is “The Agreement on Association between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand”, ratified Verkhovna Rada of Ukraine and the European Parliament on September 16, 2014. Under this Agreement, Ukraine undertook a number of commitments, in particular to increase the level of social protection of the population (Article 420 of the Agreement). In order to achieve this goal, among others an effective system of organizational and legal guarantees (means and measures) for ensuring social rights of citizens should be functioning in the state, which in turn should be based on the close cooperation of Ukraine with the European community in the field of justice, freedom and security with to ensure the rule of law and respect for human rights and fundamental freedoms of states (Article 1 of the Agreement). In accordance with the Regulations of article 14 of the Agreement within the framework of such cooperation, the state should attach particular importance to the establishment of the rule of law and the strengthening of institutions of all levels in the field of administration generally and law enforcement and judicial authorities in particular. Cooperation should be aimed, in particular, at strengthening the judiciary, improving its effectiveness, ensuring its independence and impartiality and fight against corruption, and should be based on the principle of respect for human rights and fundamental freedoms.