Legal and institutional support for the adaptation of Ukrainian legislation to EU law

- Балануца, Олександр Олександрович (orcid.org/0000-0002-3470-9486) (2025) Legal and institutional support for the adaptation of Ukrainian legislation to EU law Юридичний науковий електронний журнал, 1. pp. 723-726.

Text text.pdf Download (435kB)

Abstract

In the scientific article, the author reveals doctrinal approaches to understanding the phenomenon of «adaptation», identifies their advantages and disadvantages. It is proven that each of the presented doctrinal approaches to understanding the adaptation of legislation includes the issue of its provision through legal and institutional components. It is substantiated that the adaptation of Ukrainian legislation to EU law from a formal point of view originates from the moment of signing the Partnership and Cooperation Agreement between Ukraine and the European Communities and their Member States of June 14, 1994, which entered into force on March 1, 1998. The provisions of the specified Agreement were of a partnership nature and provided not so much for the adaptation of Ukrainian legislation as for «establishing the common adequacy of laws». The content of the Agreement declared the mutual interest of the parties in establishing the approximate adequacy of laws only in priority areas that are important for the functioning of the common market, economic and monetary spaces. A real breakthrough in the process of adapting Ukrainian legislation to EU law was the signing in 2014 of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, on 27.06.2014. The conclusion was made that the legal and institutional components of the adaptation of Ukrainian legislation to EU law are closely interrelated and interdependent. Their combination forms a single holistic adaptation mechanism, where the legal component is “what” should be adapted, and the institutional component is “how” to do it. The legal component of adaptation includes: a) EU law norms that Ukraine is obliged to implement (directives, regulations, etc.); b) national legal acts that are amended/created in accordance with the EU acquis; c) adaptation methods (harmonization, unification, transposition); d) legal principles that are implemented in the legislation of Ukraine (rule of law, proportionality, non-discrimination, etc.). In turn, the institutional component is essentially an instrumental basis for adaptation and includes: a) a range of entities that initiate, develop, adopt and monitor adaptation (the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, relevant ministries, etc.); b) decision-making procedures and interdepartmental coordination; c) mechanisms for monitoring and assessing the compliance of legislation with EU law; d) personnel, expert support, administrative resources. The legal and institutional components of the adaptation of Ukrainian legislation to EU law are organically linked. Moreover, this relationship determines which norms of EU law should be implemented; who and how adapts these norms; institutional mechanisms directly ensure the implementation of legal norms into specific acts; provide for the preparation and analysis of draft laws, ensure their examination, discussion, and coordination.

Item Type:	Article
Keywords:	adaptation, harmonization, implementation, legislation of Ukraine, European Union, European Union law, international agreement (Association Agreement), association, membership in the European Union
Subjects:	Science and knowledge. Organization. Computer science. Information. Documentation. Librarianship. Institutions. Publications > 3 Social Sciences > 34 Law. Jurisprudence
Divisions:	Institute of Pedagogics > Department of Didactics
Depositing User:	Тетик Валентина Романівна
Date Deposited:	24 Mar 2026 10:46
Last Modified:	24 Mar 2026 10:46
URI:	https://lib.iitta.gov.ua/id/eprint/748661

Downloads

Actions (login required)

View Item