ЗАСТОСУВАННЯ САНІТАРНИХ ТА ФІТОСАНІТАРНИХ ЗАХОДІВ В УКРАЇНІ У СВІТЛІ МІЖНАРОДНИХ СТАНДАРТІВ

Abstract

The article focuses on the use of international standards in the application of sanitary and phytosanitary measures. A comprehensive analysis of scientific literature allows us to conclude that the problems of European integration were studied in the works of a number of domestic scientists. In their works they reach similar conclusions that national legislation should be updated as quickly as possible and adapted to the international legal obligations undertaken by Ukraine to the WTO and the EU in terms of aligning sanitary and phytosanitary requirements with international standards in this area. This fact, at the doctrinal level, recognizes the powerful impact of international law on the development of domestic agrarian legislation. Particular attention is paid to Chapter 4 "Sanitary and Phytosanitary Measures" of the Association Agreement with the EU and the Comprehensive Implementation Strategy of Chapter IV (Sanitary and Phytosanitary Measures) of Section IV "Trade and Trade-Related Issues" of the Association Agreement, which provides for measures to implement (total 70), terms of their preparation and implementation. Based on the analysis of the legal features of international standards in the field of sanitary and phytosanitary measures, the author identifies and reveals the content of such characteristic features as: the presence of a recommendatory nature; indirect action by making them the basis of national legislation; acting as an important tool for harmonization (or unification) of provisions of national legislation on the application of sanitary and phytosanitary measures; weak ability to influence the development and change of international standards in the field of sanitary and phytosanitary measures; presumptions of consistency of measures are applied taking into account international standards.