ПРОБЛЕМИ АДАПТАЦІЇ ЗАКОНОДАВСТВА УКРАЇНИ ДО ЗАКОНОДАВСТВА ЄВРОПЕЙСЬКОГО СОЮЗУ

Abstract

This scientific article is devoted to the existing problems of adapting the legislation of Ukraine to the legislation of the European Union, which significantly slow down this process, and, accordingly, become one of the obstacles on the way of Ukraine's inclusion in such an integration interstate association as the European Union. The paper examines the legal grounds that led to the implementation of the provisions of European legislation and the adoption of the Law of Ukraine "On Amendments to the Constitution of Ukraine (on the strategic course of the state towards gaining full membership of Ukraine in the European Union and the North Atlantic Treaty Organization)" dated 07.02.2019. The article also analyzes the key elements of successful adaptation of Ukrainian legislation to EU legislation. The work reveals the essence of the concept of "adaptation of the legislation of Ukraine and the EU", regarding which there is no uniform approach to its definition in the jurisprudence of Ukraine and, as a result, there is a discussion between specialists in this area of jurisprudence at the doctrinal level. The content of the concept "acquis communautaire (acquis)" is analyzed by indicating the features of this legal system of the European Union, which significantly complicate the process of adapting legislation. The article highlights the main problems that require urgent solutions for the successful course of the process of approximation of Ukrainian legislation to the EU legal system. The emphasis is made on the fact that the adoption of Ukrainian legislation in accordance with EU law does not mean the proper functioning of the legal mechanisms of the state, since it is also necessary to adapt existing regulatory legal acts. This article proposes the implementation of specific types of reforms, without the introduction of which the adaptation of Ukrainian legislation to the legislation of the European Union will be impossible. The essence and main directions of reforming, which provide for the elimination of the origins of the problems of harmonization of Ukrainian legislation with the legal system of the European Union, have been determined.