THE LAW OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE: MECHANISM OF INTERACTION
DOI:
https://doi.org/10.17721/apmv.2016.127.1.68-78Abstract
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 possible 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-accessions 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 effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU law into the Ukrainian legal framework have been existed. Nevertheless, they require be improving and reforming. The legal mechanism for implementing acts of association is still unsettled. It is related to the Council and the Committee of the association decisions. The corresponding mechanism in Ukraine has not been set up. It has the same concern with the European standards. Ukraine has to transpose the array of technical regulations as national standards with the conformity with EU legislation. However, it is not clear how this will be achieved.
The article is focused on the analysis of the legal bases of the interaction of the European Union law and the Law of Ukraine. Specially elucidated the questions of the correlation of the EU law and the law of Ukraine, as well as the actual means of the implementation of the EU law in the legal order of Ukraine. The ways of the improvement of the legal mechanism of the realization of the EU law in the internal legal order of Ukraine are determined. There is emphasized that integration of Ukraine into the European Union will require important amendments into Ukrainian Constitution and other national legislation to provide the legal prerequisites for the realization of the EU law in the internal legal order of Ukraine. Special attention is paid to the means of implementation of international legal obligations in Ukraine.
Key words: Constitution of Ukraine, EU law, Association Treaty, Euro integration article, legal mechanism, realization of law.
References
The Constitution of Ukraine of June 28, 1996. – [Electronic resource]. – Mode of access: http://zakon5.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80.
Joël Rideau, Droit institutionnel de l’Union européenne, 2010. – 1530 p.
E. Tanchev, «National Constitutions and EC Law: Adapting the 1991 Bulgarian Constitution in the Accession to the European Union», European Public Law, 2000. – 321 p.
Guy M. Isaac and Marc Blanquet, Droit général de l’Union européenne, 2012. – 373 p.
V. N. Kudriatsev, et al. (eds.). Course of International Law in Six Volumes, 1967. – 300 p.
V. N. Denisov, Development of the Theory and Practice of the Interaction of International and Domestic Law, in V. N. Denisov, V. I. Evintov, J. Dzud, and H. Bokor-Szego (eds.), Realization of International Legal Norms in Domestic Law, Kyiv, 1992. – 742 p.
Law of Ukraine «On the Operation of International Treaties on the Territory of Ukraine» of 10 December 1992. [Electronic resource]. – Mode of access: http://zakon3.rada.gov.ua/laws/show/1953-12.
Law of Ukraine «On International Treaties of Ukraine» of 29 June, 2004. – [Electronic resource]. – Mode of access: http://zakon5.rada.gov.ua/laws/show/1906-15.
Law of Ukraine «On Standardization» of 05 June, 2014. [Electronic resource]. – Mode of access: http://zakon2.rada.gov.ua/laws/show/1315-18.
Law of Ukraine «On Postal Communication» of 04 October, 2001. [Electronic resource]. – Mode of access:http://zakon5.rada.gov.ua/laws/show/2759-14
V. I. Evintov. Ukraine in the International Community, in V. N. Denisov, V. I. Evintov, V. I. Akulenko, O. F. Vysotskiy, and S. V. Isakovych. Sovereignty of Ukraine and International
Law. Kyiv, 1995. – 132 p.
Judgmentof the Courtof 30 September 1987. Case 12/86, Meryem Demirelv Stadt Schwäbisch Gmünd, ECR 3719. [Electronic resource]. – Mode of access: http://curia.europa.eu/juris/liste.jsf?language=en&num=C-12/86.
Treaty on Partnership and Cooperation between Ukraine and the European Community: Foundation and Activity of Companies, Kyiv, 1999. [Electronic resource]. – Mode of access:
http://trade.ec.europa.eu/doclib/docs/2003/october/tradoc_111612.pdf.
Iu. A. Baskin, N. B. Krylov, D. B. Levin, et al. Course of International Law in Seven Volumes (1989). – 478 p.
E. T. Usenko. Theoretical Problems of the Correlation of International and Municipal Law, Soviet Yearbook of International Law, 1977. – 251 p.
V. G. Butkevich. Correlation of Municipal and International Law, Kyiv, 1981. – 312 p.
V. N. Denisov. Role of International Law in the Foreign and Domestic Policy of Ukraine, in Iu. S. Shemshuchenko (ed.), State-Creation and Law-Creation in Ukraine, Kyiv, 2001. – 754 p.
