| Article | Harmonization of Ukrainian Legislation with the «Acquis» of the European Union and Council's of Europe Legal Standards |
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| Authors |
Mushak N.
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 6 / 2013 |
| Pages | 77 - 91 |
| Annotation | The article is devoted to the legal analysis of harmonization of the Ukrainian national legislation with the European Union's acquis and the Council's of Europe legal standards. Special attention is paid to the definitions of harmonization of state legistation, acquis of the European Union, legal standards of the Council of Europe, defining measures and levels within the European international organizations. It researches that the European Union and the Council of Europe set up their own models which are considered to be called as acquis and legal standards accordingly. The article offers the analysis of the provisions of valid legal documents related to the harmonization of the Ukrainian legislation with the organizations' legal systems. It also stipulates that the Council of Europe sets the standards concerning the protection of human rights, the protection of environment, constitutional law etc, whereas the European Union through directives, regulations and other legal instruments carries out the standards referred to the majority of spheres of the EU population's vital activity. The research defines different levels of harmonization within the European Union and the Council of Europe. Also it assigns that there are two levels within the European Union — international (carries due to the joining certain states to the international and legal documents) and the European Union's level (through the adjusting of the national legal instruments' provisions to EU institutional prescriptions). In its turn, within the Council of Europe there is a single measure of harmonization — the international one (due to the observance of all the procedures relating to the Council's of Europe existing international treaties and their further implementation into the national legal system). |
| Keywords | harmonization, European integration, acquis of the European Union, legal standards of the Council of Europe, level of harmonization, mechanism of harmonization. |
| References | |
| Electronic version | Download |