Дерогація, аброгація, нуліфікація: поняття, особливості та приклади застосування

Abstract

The article analyzes the legal concepts of derogation, abrogation and nullification, which are tools for regulating relations in society and international relations. It is determined that the derogation means the partial cancellation of the law or its individual provisions, for the purpose of temporary deviation from obligations during emergency situations. Examples of the derogation include the actions of Ukraine during armed aggression by the Russian Federation and the actions of European countries during the COVID-19 pandemic. Abrogation (abolition) means the cancellation or change of an outdated law or agreement. The term has its roots in Roman law, where various forms of abrogation existed. Over time, repeal has evolved into a legal tool that allows governments to repeal outdated laws or make changes without having to maintain the application of the previous rule. Contemporary applications of abrogation include criminal procedure law, where proceedings can be dismissed if charges are not proven, and international procedures, such as pardons or amnesties, which allow convicts to be released without overturning the sentence. It has been established that the term "nullification" is used both in the legal and economic spheres, and means the deprivation of documents of legal force or the recognition of securities as invalid. The historical practice of nullification is considered, starting from the formation of the confederation of North American states, attempts to conclude a new union treaty between the republics of the USSR in 1991, and centrifugal tendencies in the European Union. In modern conditions, as the example of Ukraine with Russia shows, the nullification of treaties can serve to protect national interests in response to external challenges. In conclusion, the author concludes that these legal mechanisms are important for ensuring legal stability and adaptability, allowing to respond to emergency situations and social challenges without violating the basic rights and freedoms of citizens.