Transformation of the national legislation of Ukraine in the context of globalization

The article studies the directions of transformation of the national legislation of Ukraine in the context of globalization based on the dialectical method. Specifically, the notions “legislation” and “globalization” are analyzed; the meaning of the concepts of “national legislation of Ukraine” and “legal globalization” is specified; the factors which define features of transformation of the national legislation of Ukraine in modern conditions of globalization are established. As a result of the study it is proved that the main directions of transformation of the national legislation of Ukraine in the conditions of globalization are the following: borrowing the European (Western) legal tradition and its adaptation to the national legal system of Ukraine; reception of innovative legal institutions while preserving the national legal tradition; the influence of international law, first of all, the Acquis communautaire (adaptation of the national legislation of Ukraine to the law of the European Union); hierarchical (vertical) and sectoral (horizontal) structure of legislation, which is characteristic of the legal systems of the Romano-Germanic legal family; development of such types of normative activity of public authorities as systematization, codification, ordering, unification, etc.

Principles of Asian Contract Law at the Crossroads of Standardization and Legal Pluralism

The Principles of Asian Contract Law (PACL) are the most recent addition to the series of uniform laws regarding transnational commercial contracts. This time, the harmonization initiative must address the problem of a great variety of legal traditions, all of which are quite difficult to reconcile. The author focuses on the object and objectives of the PACL by reconsidering the notion of “Asian law” and the alleged cultural neutrality of contract law as a legal discipline. The paper argues that the PACL project lacks clarity. Its ambitious objectives, while apparently intelligible, fail to produce the desired results in their entirety: the Asian regional harmonization of contract law turns out to resemble its occidental forerunners. The study goes beyond the traditional comparative law. It explores the model law (in the making) in a broader context of legal policy, parallel regional private-law-making efforts in the field of contract law as well as in the context of legal globalization.

Human rights in information society in the context of globalization

Problem setting. The problem of human rights in the context of globalization is complex and requires concerted and effective actions, which should be applied not only at the level of nation states, but also at the global level. Globalization has opened new challenges, related to the implementation, development and transformation of human rights, accelerated their universalization, and set new challenges for the world community. The purpose of the article is to analyze the essence of globalization and the impact of globalization processes in the world on the definition of the essence and approaches to human and civil rights and freedoms, analysis of the legal basis for their consolidation and guarantee. Analysis of resent researches and publications. Today, the interest of scientists to globalization in general and legal globalization has increased significantly. The problem of human rights has a worldwide character, it has been studied by such leading foreign specialists as Z. Baumman, in. Beck, K. Omaye, S. Strahej, E. Toffler, M. Foucault, Y. Habermas, J. Rola, F. Fukuyama, etc. Certain aspects of legal globalization were studied by domestic scientists – O. Petrishin, P. Rabinovich, O. Dashkovskaya, L. Wasechko, I. Zharovskaya, N. Onishchenko, O.Uvarova and others. However, consideration of the problem of human rights transformation requires a solidise analysis and a comprehensive approach. Articles main body. The issues of interaction between globalization and law at the present stage of society development are considered. Particular attention is paid to the analysis of the factors of interaction between globalization changes and human rights in modern society. The following signs of transformation of the institution of rights and freedoms are singled out: change of the content of human rights under the pressure of global problems of the present; emergence and legal development of new human rights and freedoms; universalization and regionalization of human rights; complicating the system of international legal regulation of human rights. It is determined that in the context of globalization processes human rights standards in the sphere of digital technologies and further development of human rights to prohibit discrimination in all spheres of relations, in particular on the grounds of sexual orientation and gender identity, also deserve special attention. Conclusions. Analyzing the different approaches to the legal opportunities of people in the era of globalization, it can be stated that given the diversity of relations of which everyone in the world is a member, international organizations and each country should not dwell on developing and improving the legal framework to guarantee and protect human interests and rights. . But they are obliged to continue the legal policy on the recognition and consolidation of human rights and freedoms that appear in the changing conditions of today in the modern world under the further influence of scientific and technological progress, as well as geopolitical challenges.

Abusive Constitutional Borrowing

We live in a golden age of comparative constitutional law. Liberal democratic ideas have diffused readily around the world, and certain features such as judicial review and constitutional rights are now nearly universal. At the same time, recent years have seen a pronounced trend toward the erosion of democracy. This book argues that the rhetorical triumph of liberal democratic constitutionalism, and the tendency toward democratic retrenchment, are fully consistent phenomena. Legal globalization has a dark side: norms intended to protect and promote liberal democratic constitutionalism can often readily be used to undermine it. Abusive constitutional borrowing involves the appropriation of liberal democratic constitutional designs, concepts, and doctrines to advance authoritarian projects. Some of the most important hallmarks of liberal democratic constitutionalism—including constitutional rights, judicial review, and constituent power—can be turned into powerful instruments to demolish rather than defend democracy. The book offers a wealth of examples, selected both to shed new light on well-known cases such as Hungary, Poland, and Venezuela, as well as to expand discussions by considering contexts such as Cambodia, Rwanda, and Fiji. It also discusses the implications of the phenomenon of abusive constitutional borrowing for those who study and promote liberal democracy and related fields like human rights. It suggests ways in which the construction of norms might be improved to protect against abuse (what we call ‘abuse-proofing’), as well as ways in which monitoring regimes might be more attuned to the threat. Finally, it suggests recasting debates about liberal democracy to emphasize contestation, rather than mimicry.

Out of Site: Transnational Legal Culture(s)

Since the inadequacy of the traditional theoretical frameworks for the study of the “global transformation of modernity” (Beck) was becoming more and more evident in the last decades of the twentieth century, “culture” has figured prominently in many literatures that engage with the post-national condition. Yet in legal academia, despite studying similar phenomena of displacement, fragmentation and hybridization, cultural analysis perspectives have traditionally played a rather marginal role in the discourse on globalization and transnationalization. Although some authors have indeed attempted to operationalize the concept of culture in grappling with effects of legal globalization, the emerging field of “transnational law” never took a significant “cultural turn”. This chapter retraces this disciplinary development and reflects on the use of “culture” in transnational law discourse. While not advocating a more prominent role for the notoriously difficult concept of culture, this brief survey serves as a reminder that the same substantive and theoretical choices that kept transnational law from drawing more heavily on cultural analysis and traditional, “social fact” legal pluralism also may limit its scope and create theoretical blind spots. Not determined by a distinct “body of law” but rather understood as a developing discourse within a discipline in the process of coming into its own, transnational law and its gatekeepers have to decide just how methodologically and substantively inclusive, interdisciplinary, and critical they want it to be.

LEGAL GLOBALIZATION AND NATIONAL SECURITY OF RUSSIA: LEGAL INSTRUMENTS FOR ITS PROVISION

Currently, there is a tendency in the world to globalize law as a response to the challenges facing humanity. This leads to the unification of various legal families and requires the search for new methodological approaches to the formation of Russian law, taking into account the need to protect, first of all, the national security of the country. Russia faces many similar threats, both external and internal. This includes globalization, the rapid development of digital technologies, the purposeful subversive influence of other states, internal social problems, the radicalization of a part of society, and the growth of crime. This review presents three monographs by Russian authors who analyze the state of modern Russian legislation on this issue.

DEGLOBALIZATION: FROM GLOBAL LEGAL NORMS TO GLOBAL LEGAL PLURALISM

The review examines the current problems of globalization in the legal sphere: the issue of global legal norms, legal globalization, modern processes of de-globalization and their «normative project».

TRANSFORMATION OF STATE SOVEREIGNTY IN MODERN CONDITIONS OF CONSTITUTIONAL LAW DEVELOPMENT

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine