scholarly journals THE EVOLUTION OF THE NORMATIVE FOUNDATIONS OF UKRAINE'S EUROPEAN INTEGRATION AT THE PRESENT STAGE OF STATE FORMATION

Oleksandr Perederii, Evgen Grygorenko The evolution of the normative foundations of Ukraine's European integration at the present stage of state formation The article presents and reveals the main tendencies of evolution of the normative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions. The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge. Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. The primary for Ukraine is the calculation of the foresight of the political, legal and socio-economic development of Ukrainian society and the generation of normative constructions for the efficiency of the respective processes. Therefore, the practical task of national legal science is to develop scientific proposals for further development of the normative foundations of European integration of Ukraine, taking into account the requirements of time and expectations of Ukrainian society. Key words: Ukraine, European Union, European integration, legislation, Constitution of Ukraine, Association Agreement, legal system.

Author(s):  
Oleksandr Perederii

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.


2021 ◽  
Author(s):  
Maistro S. ◽  
Kropyvnytskyi V. ◽  
Krykhtina Yu. ◽  
Treskov A.

The article describes the peculiarities of the formation and implementation of state policy for the development of various branches and spheres in the context of European integration of Ukraine. The degree of effectiveness of the Association Agreement between Ukraine and the European Union in various branches and spheres has been determined. The problematic aspects and contradictions of the state policy of development of various branches and spheres in the context of the implementation of the Association Agreement are highlighted. The ways of transformation of the state policy of development of various branches and spheres in the conditions of European integration of Ukraine are determined.


2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.


Author(s):  
Mykhailo Khodakivskyi

Introduction. Legal policy as a means of regulating the political and legal sphere of society is a prerequisite for optimizing political, economic, social and other relations in society. At the present stage, politics is considered through the prism of its governance function, and in turn, law is a means of normalizing and governing public relations. In this approach, legal policy is a strategic means of transforming society, which regulates the complex relationship between society and the state and ensures human and civil rights and freedoms. Most domestic research papers on legal policy cover some of its various aspects and expressions, but focus primarily on its theoretical foundations. The aim of the article. Today there is a certain lack of applied research in legal policy. We shall try to consider the applied aspects of legal policy at the present stage of development of Ukraine, regarding it as a set of governance tasks and political and legal decisions that regulate various social relations by legal means. Results. The process of Ukrainian eurointegration stimulates the development of a civilized legal policy. Its basic characteristics are laid down in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part. The institutional basis of this policy is the Ministry of Justice of Ukraine, which is becoming a national center for the formation of state legal policy. Further steps in this direction include the reorganization of its structure in such a way as to provide an institutional opportunity for the formation of state legal policy in all public spheres, which should be regulated by legal means. Conclusions. The key means of transforming legal policy at the present stage is the commitment made by Ukraine during the signing of the Association Agreement with the European Union. Ukrainian modern legal policy is based on such values as democratic principles, the rule of law, good governance, and so on. The structural elements of modern legal policy are the proper institutional basis for its making and the necessary content of social transformations. At the present stage, the institutional mechanism of introducing and making legal policy is being formed, based on the activity of the Ministry of Justice of Ukraine as the single national center for forming state legal policy, integrating structural subdivisions of other central executive bodies. The next stage of the reform of Ukrainian legal policy should be its content, which will also be carried out in the context of Ukrainian eurointegration.


2020 ◽  
Vol 44 (1) ◽  
pp. 66-72
Author(s):  
Valeriі Rіeznikov

The newest policy of Ukraine should be to develop such state concepts, strategies and programs that would contribute to the European integration of the country, taking into account the current challenges of today. The purpose of the article is to define the conceptual foundations of the strategy of formation and implementation of state policy in the sphere of European integration of Ukraine in modern conditions. The conceptual framework of the national strategy for the European integration of Ukraine is a general concept of the country’s long-term actions, a certain model of the mission realization and achievement of long-term goals, which defines its development prospects, main directions and priorities of activity in the European integration sphere. Such a generalized European integration concept of Ukraine is reflected in the relevant state documents, laws and by-laws, and within the framework of the state strategy, strategies for development of various spheres, sectors and sectors of economy and public life are developed and implemented in accordance with the existing requirements, rules and regulations of the euro framework documents.A significant event in the European integration of Ukraine into the EU was the introduction of amendments to the Constitution of Ukraine (concerning the strategic course of the state for the acquisition of full membership of Ukraine in the European Union and in the Organization of the North Atlantic Treaty). In addition to the issues related to the implementation of the Association Agreement, further progress on the European integration of Ukraine should also take place in the following areas: associations with the Schengen area; accession to the EU customs union; accession to the EU Energy Union; the entry into force of the common aviation space; joining the digital market, etc.Integration with the EU is an important component of Ukraine’s foreign policy. However, conceptually, European integration should be seen first and foremost as a comprehensive domestic state policy aimed at introducing reforms and transformations that are necessary and important for Ukrainian society, and only then, as a component of foreign state policy, which depends largely on the political will of the EU on the pace and full integration with our country. Thus, the strategy of Ukraine’s integration into the European Union should ensure the country’s accession to the European political, legal, economic, informational and security space. Obtaining full EU membership in the medium term on this basis should become a major foreign policy priority of Ukraine’s policy formulation and implementation policy in the face of contemporary challenges of today.


Author(s):  
Halyna Melnychuk

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict


2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.


2001 ◽  
Vol 55 (1) ◽  
pp. 47-80 ◽  
Author(s):  
Frank Schimmelfennig

The decision of the European Union to expand to Central and Eastern Europe is a puzzle for rationalist intergovernmentalism. This approach to the study of European integration accounts for most of the preferences of the state actors and many characteristics of the intergovernmental bargaining process but fails to explain why it resulted in the opening of accession negotiations. I introduce the mechanism of rhetorical action in order to show how the supporters of enlargement succeeded in overcoming the superior material bargaining power of their opponents. Through the strategic use of arguments based on the liberal norms of the European international community, the “drivers” caught the “brakemen” in the community trap and, step by step, shamed them into acquiescing in Eastern enlargement.


Sign in / Sign up

Export Citation Format

Share Document