Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Theoretical Basis of Implementation of International Standards and European Principles in Ukrainian Legislation

Author(s): Nataliia Parkhomenko, Iana Voloshyna, Tetiana Tarakhonych, Oleksandr Tykhomyrov, Stanislav Husariev

The article explores the problems of implementation of international standards and European principles into Ukrainian legislation. It is noted that the European integration of Ukraine, determined as the priority area of the existence of our State from the first days of acquiring international legal personality, has remained an important way of its progress. National and international law are two different theoretical structures, so while improving the system of national law, it is necessary to take into account the specifics of Ukrainian legislation, linguistic, cultural features and belonging to a particular legal family. It is emphasized that the harmonization of national and European law systems cannot be done mechanically. Firstly, the principle of State sovereignty of each country continues to be applied. Secondly, each country has many features that should be protected and should not be lost in the integration process. Thirdly, universal organizational mechanisms for harmonizing relevant legal systems have not yet been established. Besides, there are significant weaknesses in the theoretical solution of the relevant problems which hinder their practical solution. It is concluded that the key means to harmonize the legal standards of Ukraine and the EU is to adapt the national legislation to the EU legal system. To this effect, it is necessary to adopt the relevant legal acts, to make amendments and supplements to the legislation in force in the area of anti-corruption, electoral legislation, legislation on the judiciary, procedural legislation, and, in particular, to the Constitution of Ukraine.