scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

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.

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.


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.


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.


Author(s):  
Sergey A. Kalinin

The reсonsidering of the methodological foundations of modern theoretical jurisprudence includes both the search for new approaches and the identification of the limits and conditions for their adequacy. At the same time, the needs for studying the interaction of the value-worldoutlook nature and the spatial conditionality of the state and law, considered in the logic of an open system, correspond with the geocultural approach. This approach is based on the multi-valued category “geoculture”, that allows one to comprehend the cultural codes and meanings of the transformation of reality and space (world projects), including those that exist as ideas about ideal forms of public power and social regulation. The geocultural approach may be part of such methodological phenomena as the worldoutlook research program, world-system analysis and geomeasurement. At the present stage, the geocultural approach of the worldoutlook research program is most suitable for analyzing the conflict of geocultures, allowing to take into account the replacement of geocultural standards, the crisis of the modern capita list world economy, legitimized by liberal geoculture, and the search for new mo dels of world order, carried out in the framework of the conflict of liberal and traditional values. The importance of understanding this conflict is due to the critical attitude of liberalism towards traditional statehood, its fulfillment of the role of an instrument of “controlled chaos” and an instrument of dominance of the West. The reсonsidering of liberal geoculture is permissible on the basis of the doctrines of traditional religious faiths, among which the Russian Orthodox Church is dominant in the post-Soviet space. Liberal geoculture is a multidimensional phenomenon, which at the same time puts forward the idea of protecting human rights and freedoms, and is an instrument for implementation of an elitist policy, characterized by excessive criticality in relation to the state and government, as well as any categories reflecting collective soli darity. Moreover, human rights, which are an integral part of liberal geoculture, initially stem from the Christian idea of a man as an ontologically free human being, the image and likeness of God, whose status metaphysically extends to anyone, but only his own. Substantially there are three interdependent problems in the phenomenon of human rights, the answer to which predetermines the practice of legal regulation: who is a person (in a particular geoculture), who is recognized as the ontological subject of human rights violations, who is recognized as the relevant subject of human rights protection. The complexity of the attitude of traditional Christianity to human rights, including denial (due to historical reasons for using human rights to marginalize Christianity), understanding, and recognition, is confirmed by the historical practice of the Russian Orthodox Church, which positively interprets this phenomenon in its conceptual documents at the present stage. The foregoing makes it expedient to use the canonical positions and official documents of traditional religious faiths in lawmaking and lawenforcement practice, which are the Russian Orthodox and Roman Catholic Churches for Belarus.


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


2020 ◽  
Vol 22 (100) ◽  
pp. 108-115
Author(s):  
I. Berezovska

It is known that the food security of the state, aimed at providing the population with quality and healthy food, is an important component of economic security. Recent developments in the world and national security challenges posed by the Covid-19 virus pandemic necessitate a reassessment of approaches to the legal regulation of issues that significantly affect human health. Today, the reform of the relevant national legislation on FAR residues in food requires a systematic and holistic approach and the definition of its priorities in such a way as to promote food safety and the development of domestic business. The article is devoted to the analysis of the current Ukraine legislation concerning regulation of residues of veterinary medicinal products in foodstuffs of animal origin. It was shown that the formation of such legislation was due to the development of international trade, including the fulfilment of the European Union requirements for the safety of foodstuffs imported into its market. At the same time, the conclusion of the Association Agreement and the introduction of a Free trade zone with the EU was a significant impetus to the reforming of national legislation on residues. The analysis of EU regulations, which serves as a legal basis for the residues control at the EU level, was carried out. It is noted that today in the Ukrainian legislation, despite the introduction of annual national plans for state monitoring of residues of veterinary medicinal products and contaminants in live animals and unprocessed foodstuffs of animal origin, there are a number of gaps that require urgent legislative regulation. It was proved that the completion of the reform of the national legislation on residues will contribute to improving safety of domestic foodstuffs, and therefore, will have important positive consequences not only for the development of trade with the EU, but primarily for the food security of Ukraine and the protection of the health of Ukrainian citizens.


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.


2021 ◽  
pp. 17-28
Author(s):  
V. BRYZHKO ◽  
V. PYLYPCHUK

The article is a continuation of a number of scientific works on the state, trends and further ensuring security of personal data in the context of digital transformation and related problems of legal regulation of new social relations in this area. The key aspects of the EU documents approved in recent years, in particular, the GDPR Regulation, the NIS Directive and the draft legal act on e-Privacy, are considered and evaluated. The main criteria and topical issues that need to be addressed in the context of the implementation of EU law and the development of national legislation on personal data protection are highlighted.


2019 ◽  
Vol 8 (3) ◽  
pp. 439
Author(s):  
Ievgenii Shulga ◽  
Volodymyr Kurylo ◽  
Inna Gyrenko ◽  
Serhii Savych

Nowadays in Ukraine there is no single view on understanding of the strategy of development of energy safety, which profoundly and negatively affected the general state of national safety of the country. The purpose of the article is to analyze the current state of legal security of energy safety in Ukraine, check it for compliance with its obligations under the Association Agreement with the EU and other EU acts that proclaim the standards in the field of energy safety. This paper refers to the experience of the EU energy safety legislation. Furthemore, this study provides analysis of Ukrainian legislation in this field, draws attention to the existing conflicts and gaps, emphasizing the need to optimize legislation of Ukraine's energy safety according to the EU standards. Keywords: energy safety, energy law, the EU energy safety, energy safety of Ukraine, legislation of energy safety, adaptation of Ukrainian energy legislation to the EU standards.


2019 ◽  
pp. 90-96
Author(s):  
Valerii Rieznikov

The purpose of the article is to identify the problems and contradictions of the state policy in the sphere of European integration of Ukraine and to justify the ways of overcoming them in the current conditions. The main internal problem that hinders the European integration course of Ukraine, experts consider, first of all, inefficiency of the public administration system – insufficient level of competence of civil servants, excessive bureaucracy, unreformed and corrupt public administration system. The top five major internal problems also include: the situation in the Donbas (including both armed conflict and public sentiment), high levels of corruption in Ukrainian society, ineffective policy of informing the population about European integration, lack of consensus in the political and social issues. The opinion that aggression, pressure and all-out hindrance from Russia will be a major external challenge for Ukraine’s European course, is shared by all experts interviewed. Among the major external obstacles, experts also cite internal problems of the EU itself, opposition or waiting position on the part of some EU members who do not want to break their ties with Russia, as well as the lack of a unified position in the European Union regarding the European perspective of Ukraine and the EU enlargement in general. Experts consider that the most effective factor contributing to the increase of the support of European integration in Ukrainian society is the successful implementation of internal reforms and the positive effect of ordinary citizens on them. In today’s context, Ukraine’s accession to the EU remains a goal for which it is active in political, legal, economic and other spheres. Conclusions from this research and perspectives of future development in current area. At the present stage of social development the process of forming and implementing effective and effective state policy in the field of European integration is of particular importance. Ukraine’s accession to the EU is a long-term issue, which depends on both the effectiveness of internal reforms and the transformation processes in the EU. However, Ukraine already needs to insist on giving it a formal EU membership perspective.


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