STANDARDIZATION AND HARMONIZATION OF UKRAINIAN LEGISLATION WITHIN THE PROCESS OF JOINING THE EUROPEAN UNION: DISADVANTAGES AND ADVANTAGES

STANDARDIZATION AND HARMONIZATION OF UKRAINIAN LEGISLATION WITHIN THE PROCESS OF JOINING THE EUROPEAN UNION: DISADVANTAGES AND ADVANTAGES

Ukraine has been on the path of European integration for decades: painstaking work in improving the economic and social order by gradual but confident steps directs our country to fruitful cooperation and further accession to the European Union.

The processes of standardization and harmonization of Ukrainian legislation to European standards are extremely necessary for the process of legal integration and the formation of pan-European approaches to legal understanding, standards and principles of law and the entry of our state into the European Union. First of all, it is defined in the Copenhagen and Madrid criteria for EU membership [2].

The approximation of national legislation to the requirements of the European ones creates a certain rubicon, which can go into violation of its own principles of development and the constitutional order, which should not be allowed.

One of the disadvantages and, in fact, obstacles that stand in the way of harmonization and standardization of legislation is the lack of a clear understanding of the need for this transformation in society.

Unfortunately, even despite the historical aspects of the development of a progressive and responsible society, the presence of a share of people who are prone to legal nihilism negates all previous achievements.

As well as the uncertainty of small, and even large, enterprises in their own competitiveness in the European market, which is due to the lack of awareness of the mechanism of work of harmonized laws in practice and, if it were not sad, a complex of inferiority, instilled for several centuries with the influence of territorial fragmentation.

Also, in my opinion, it is necessary to improve the dissemination of information with analytical data that will reflect the need, benefit and impact of the procedure itself on legislation, and thereby on certain areas of life – what is new, improved, changed, how the mechanisms will work. The more questions and lack of information – so we provoke stagnation.

I hope that it is due to the explanation in an accessible language for all that it will be an impetus to reevaluate the previous standards of thinking and lead to attempts to understand that the rule of law and the development of Ukraine begins with ourselves, as well as its further participation in international organizations, etc.

The next thing I would like to draw attention to is the importance and effectiveness of these actions: first of all, what has already been done in 2022-2023.

Reform of the Constitutional Court, which provides, in particular, for the involvement in the selection procedure of candidates for the post of judge of the Constitutional Court of Ukraine of a new special body – the Advisory Group of Experts, which is formed to assist the bodies appointing judges of the Constitutional Court in assessing the moral qualities and level of competence in the field of law of candidates for the post of judge of the Constitutional Court. Currently, work is ongoing on proposals to amend the legislation, taking into account additional recommendations of the Venice Commission.

Also, the fight against corruption continues, and in addition to the election of a new head of NABU, the Law of Ukraine on the principles of the State Anti-Corruption Policy for 2021-2025 came into force, and on March 4, 2023 the government approved the State Anti-Corruption Program for 2023-2025 [1].

It is worth noting the introduction of anti-oligarchic legislation and amendments to it: in particular, the Law of Ukraine “On the Prevention of Threats to National Security Related to the Excessive Influence of Persons with Significant Economic and Political Weight in Public Life (Oligarchs)” based on the recommendations of the Venice Commission.

A number of bills have been developed to minimize potential oligarchic influence on political parties, improve state financing of parties; improving the procedure for bringing to justice for administrative offenses related to corruption; ensuring security of electricity and natural gas supply.

Also, changes were made in the field of media, which found their legislative consolidation, taking into account the proposals of the public and European experts in the Law of Ukraine “On Media” (No. 2849), which entered into force on March 31, 2023.

The Law of Ukraine “On Media” guarantees the independence of the media regulator, introduces additional mechanisms for protecting the national information space, improves the application of sanctions, defines the principles of the functioning of online media and introduces at the legislative level the definition of the concept of “media literacy.”

The law enforcement system has also undergone changes: January 11, 2023 at the IWG meeting, chaired by the Prosecutor General, the draft of the Comprehensive Strategic Plan for Reforming Law Enforcement Agencies was approved and submitted to the President’s Office for approval [1].

So, a lot of positive changes occur due to the harmonization and standardization of Ukrainian legislation to the European one. The main task is the full awareness of the expediency of these procedures by society, which in the complex will give impetus not only to the development of legislation, but also to rational thinking about changes.

It is necessary to consciously approach the changes taking place in Ukraine in order to build a true democratic, legal state, because “Any harmonization of legislation should be carried out in such a way that the new legislation was not only adopted, but also acted in practice” – R. Lukas [4].

References

1. Reports on the implementation of the Agreement | European integration portal. European integration portal |. URL: https://eu-ua.kmu.gov.ua/zvity-pro-vykonannia-uhody-pro-asotsiatsiiu (contact date: 09.04.2023).

2. Basenko R., Sharavara R., Avanesyan G. Theoretical and legal principles of harmonization of legislation of Ukraine and the European Union. Legal scientific electronic journal. Sec. 9. No 3/2022. URL: https://doi.org/10.32782/2524-0374/2022-3/55 (contact date: 10.04.2023).

3. Sekh K., Hultai M. Implementation of regulatory legal acts of the European Union in the national legislation of Ukraine. Legal scientific electronic journal. No 6/2022. URL: https://doi.org/10.32782/2524-0374/2022-6/18 (contact date: 09.04.2023).

4. Trichlib K.O. Harmonization of Ukrainian legislation with EU law: experience of EU countries/K.O. Trichlib//Theory and practice of modern jurisprudence: materials of the XVI All-Ukrainian Law. science. conf.: roundtable materials, history of constitutionalism in Ukraine and foreign countries (to the 100th anniversary of the UPR Constitution of 1918): in 2 vols. – Kharkov, 2018. – T. 1. – P. 97-99. URL: https://dspace.nlu.edu.ua/handle/123456789/14945 (contact date: 09.04.2023).