Article title Sources and Preconditions of Formation of the Mechanism of Legal Borrowing
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7/2012
Сторінки [267-265]
Annotation Determined is a mechanism of legal integration as theoretical-normative model of changes of the national legal system elements using the elements of other legal systems. The author analyses two main sources of this mechanism formation: global world-historical process of interpenetration of elements of different legal cultures; lawmaking mechanism of the national legal system. Reviewed are international and domestic preconditions of creation of the mechanism of legal borrowing. As international prerequisites defined: the maximal amount of normative rules and regulators in effect now; technocratic nature of the modern era; the strengthening of the regulatory role of domestic law as compared to international rules. Domestic preconditions of building of legal borrowing mechanism are based on national pragmatism of legal integration and the interests of the sovereign.
Keywords legal integration, mechanism of legal borrowing, legal system, lawmaking mechanism.