Zvarych R., Hryvnak B. Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

DOI: 10.33098/2078-6670.2021.12.24.49-56

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

Key words: regulatory function of law, integration, harmonization, legal system of Ukraine, law of the European Union, international law.

References

1. Bratsuk, I. Z. (2011). Implementation of European Union law in the national legal systems of member states: PhD thesis abstract. H. 22 p. (in Ukrainian)

2. Gaverdovsky, A. S. (1980). Implementacija norm mezhdunarodnogo prava [Implementation of international law]. K.: Higher school, 318 p. (in Russian)

3. On International Treaties of Ukraine: Law of Ukraine. Vidomosti Verkhovnoyi  Rady Ukrayiny. 2004, 50, Art. 540. (in Ukrainian)

4. Karpachova, N. I. (2010). Stan dotrymannia Ukrainoiu yevropeiskykh standartiv z prav i svobod liudyny: Spetsialna dopovid Upovnovazhenoho Verkhovnoi Rady Ukrainy z prav liudyny z nahody 60-richchia Konventsii pro zakhyst prav liudyny i osnovopolozhnykh svobod [State of Ukraine’s compliance with European standards of human rights and freedoms: Special report of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine on the occasion of the 60th anniversary of the Convention for the Protection of Human Rights and Fundamental Freedoms]. K., 194 p. (in Ukrainian)

5. Luts, L. (2006). Formuvannia pravovoho mekhanizmu vzaiemodii Ukrainy z Radoiu Yevropy ta Yevrosoiuzom [Formation of the legal mechanism of interaction of Ukraine with the Council of Europe and the European Union]. Viche, 7/8, pp. 54-56. (in Ukrainian)

6. Kubko, E.B., Tsvetkov, V.V. (Ed.). (2003). Problemy garmonizacii zakonodatel’stva Ukrainy i stran Evropy [Problems of harmonization of legislation of Ukraine and European countries]. K .: Yurinkom Inter, 2003. 583 p. (in Russian)

7. Systematyzatsiia zakonodavstva Ukrainy: problemy ta perspektyvy vdoskonalennia: monohrafiia [Systematization of Ukrainian legislation: problems and prospects for improvement: monograph]. K .: Institute of State and Law. V.M Koretsky NAS of Ukraine, 2003. 220 p. (in Ukrainian)