PRINCIPLES AND VALUES OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE
The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently, that is in the latest Lisbon edition of 2007.
It is underlined that the infringement by a EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States.
Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.
Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007. – [Electronic resource] – Mode of access: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:C:2007:306:SOM:EN:HTML
Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, of 27 June 2014 // Official Journal of the European Union. – 29.05.2014. – № L 161/3. – [Electronic resource] – Mode of access: http://eur-lex.europa.eu/legalcontent/EN/TXT/?uri=uriserv:OJ.L_.2014.161.01.0003.01.ENG
Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine, 14/06/1994. [Electronic resource] – Mode of access: http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData.do?step=0&redirect=true&treatyId=217
EU-Ukraine Action plan, 2005. [Electronic resource] – Mode of access: https://library.euneighbours.eu//content/eu-ukraine-action-plan-0
EU-Ukraine Association Agenda to prepare and facilitate the implementation of the Association Agreement as endorsed by the EU-Ukraine Association Council on 16 March 2015. - Electronic resource] – Mode of access: http://eeas.europa.eu/archives/docs/ukraine/docs/st06978_15_en.pdf
The Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts dated 02 October 1997. - [Electronic resource] – Mode of access: http://www.eurotreaties.com/amsterdamtreaty.pdf 7. European Council Common Strategy of 11 December 1999 on Ukraine. Official Journal of the European Communities, L 331/1, 23. 12. 1999. - [Electronic resource]. Mode of access: http://trade.ec.europa.eu/doclib/docs/2003/october/tradoc_111611.pdf 8. Communication from the Commission - European Neighbourhood Policy - Strategy paper, 12.5.2004. - [Electronic resource]. Mode of access: https://ec.europa.eu/neighbourhoodenlargement/sites/near/files/2004_communication_from_the_commission_-_european_neighbourhood_policy_-_strategy_paper.pdf 9. Action plan in the field of Justice and Home Affairs. - [Electronic resource]. Mode of access: https://library.euneighbours.eu/content/eu-action-plan-justice-and-home-affairs-ukraine
Communication from the Commission to the European Parliament and the Council (Eastern Partnership), Brussels, 3.12.2008 , COM. - [Electronic resource]. Mode of access: http://www.euronest.europarl.europa.eu/euronest/webdav/shared/general_documents/COM (2008) 823. pdf 11. Constitution of Ukraine, 28.06.1996, № 254k / 96-VR. - [Electronic resource]. - Mode of access: http://zakon3.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80
The Law of Ukraine "About judicial system and the status of judges" of June 2, 2016 No. 1402-VIII. - [Electronic resource]. - Mode of access: http://cis-legislation.com/document.fwx?rgn=86945 13. Law of Ukraine “On the Constitutional Court of Ukraine” as amended by Law No 2147-VIII dated October 3, 2017. - [Electronic resource]. - Mode of access: http://www.ccu.gov.ua/en/docs-search?term_node_tid_depth=All&tid=All&date_filter[value]=&body_value=&field_textindex_value=&field_speaker_value=&page=28 14. Reiner A. Anthropocentric Constitutionalism in the European Union – Some Reflections //The European Union – What is next? A Legal Analysis and the Political Visions of the Future of the Union. Ndezda Siskova ed. by. Monograph. Wolters Kluwer. - 2018. - P. 111 – 122. 15. Mushak N. Legal Framework of Free-Visa regime for the “Eastern Partnership” Countries. European Studies. The Review of European Law, Economics and Politics, Czech ECSA and Jean Monnet Centre of Excellence in EU Law at Faculty of Law, Palacký University Olomouc. Wolters Kluwer. Czech Republic. 2017. Vol. 4. P. 239-248. 16. Sishkova N. European Union’s Legal Instruments to Strengthen the Rule of Law, their Actial Reflections and Future Prospects. //The European Union – What is next? A Legal Analysis and the Political Visions of the Future of the Union. Ndezda Siskova ed. by. Monograph. Wolters Kluwer. - 2018. - P. 136 – 162. 17. Kyrychenko Y. The Constitutional Court of Ukraine: The Problem of Guaranteeing Independence. - [Electronic resource]. - Mode of access: http://pravo.org.ua/en/news/20872233-the-constitutional-court-of-ukraine-the-problem-of-guaranteeing-independence. 18. Muraviov V. The Legal Framework of the EU Economic Relations with third Countries (Theory and Practice): Monogragh, Kyiv, 2003. - 457 p. 19. Pukhtetska A. Evolution of the doctrinal interpretation of the principle of the rule of law: from foreign doctrine to domestic law of understanding / / Legal journal - K., 2004. No. 5 - p. 30-37. 20. Pukhtetska A. Normative and legal consolidation of the rule of law principle in the current legislation of Ukraine // Legal Ukraine - K., 2007. No. 5 - p. 33-38. 21. Amendments to the Constitution of Ukraine passed: Ukraine takes a major step towards a European System of Justice, 09.06.2016. - [Electronic resource]. - Mode of access: http://www.cms-lawnow.com/ealerts/2016/06/amendments-to-the-constitution-of-ukraine-passed-ukraine-takes-a-major-step-towards-a-european-system-of-justice 22. Study on Individual Access to Constitutional Justice adopted by the Venice Commission at its 85th Plenary Session (Venice, 17-18 December 2010). - [Electronic resource]. - Mode of access: http://www.venice.coe.int/WebForms/documents/default.aspx?pdffile=CDL-AD(2010)039rev-e.