Article title Methods and Means of Interstate Legal Integration
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 6/2014
Сторінки [120-130]
Annotation The subject of the article is an actual problem of interstate legal integration. The author offers to consider the term interstate legal integration in wide sense as a process of approach of national systems and their joining up into the unified consolidated system based on common legal principals, goals, standards and by means of juridical procedures. At the same time, one of the most important things is significance of the law in formation of international integration processes. The main methods of interstate legal integration are: harmonization and unification of national law systems. The difference of these methods, according to the author, consists in their tendencies, means of realization, goals. The method of harmonization is directed to the approaching of the law systems, its goal is to eliminate contradictions, the method of unification is directed to the elaborating unified legal prescriptions, juridical terminology, etc., the goal is to establish uniformity in legal regulation. Among the most widely spread means of interstate legal integration the author mentions reception, exchange of social-legal experience and implementation. In the article are analyzed several opinions of scientists regarding contents and essence of indicated processes. The article concludes the necessity of development of the juridical procedures realizing interstate legal integration and allowing to provide parity conditions for the participating states with different level of social-legal development.
Keywords legal integration, harmonization, unification, reception, implementation.
References