LEGAL INSTRUMENTS OF THE REALIZATION OF THE ASSOCIATION AGREEMENT BETWEEN UKRAINE AND THE EUROPEAN UNION AND ITS MEMBER-STATES

Abstract

Abstract. The signing of the Association Agreement by Ukraine with the European Union and
its member-states provides for the country a perspective of its integration in the union with pos-

sible membership in it upon the creation of the free trade area between both partners. The realization
of the Association Agreement is carried out on the international and national levels and
is exercised by various means – accession by Ukraine to international treaties, making national
laws consistent with legal acts of EU institutions, recognition by Ukraine of national standards
of EU Member States, mutual recognition of rules of the other side etc. The most important instrument
of the impact of the EU law on the internal legal order of Ukraine is harmonization of
legislation. In relations between the EU and Ukraine the compatibility of the Ukrainian legislation
with EU law can be achieved at the level of international obligations and the level of EU
obligations. Harmonization of Ukrainian legislation with that of the EU remains the most powerful
legal instrument for the expansion of the acquis into the internal legal order of Ukraine.
The reference to the ECJ decisions which form the part of the acquis supplements the process
of harmonization. However, one should bear in mind that the expansion of the acquis into the
internal legal order of Ukraine does not result into the formation of the EU legal order which
exists in parallel with that of the Ukraine, having the priority over the latter. The EU acquis becomes
an integral part of the legal order of Ukraine and the issue of the correlation between two
legal orders does not arise. On the other hand, investigating the impact of the EU acquis and
values on the legal order of Ukraine we have to remember that such an impact depends to a
large extend on the existence in Ukraine of the legal bases for it.
Key words: European Union, legal instruments, harmonization of legislation, acquis, association
agreement with Ukraine.