Проблеми гармонізації національного законодавства до міжнародно-правових стандартів

Abstract

The article presents and analyzes the key theoretical and methodological problems and prospects for the harmonization of national legislation to international legal standards. Four stages of harmonization processes are distinguished: the stage of formation of the national legal mechanism (program) of harmonization of Ukrainian legislation with international legal standards. At this stage, it is necessary to: 1) outline issues that require updated legal regulation; 2) determine the range of international standards for which harmonization should be carried out; 3) create a material and technical base; the stage of comparative legal analysis and legal examination of norms of national legislation for their compliance with international legal standards; the stage of active modernization of national legislation taking into account international legal standards. At this stage, it is necessary to ensure the development and adoption of new normative legal acts, the introduction of changes in the current national legislation, which would maximally meet international legal standards and not violate the uniqueness and peculiarities of the national legal system; the stage of implementation of harmonization processes - implementation of harmonized acts is carried out, evaluation of the achieved results is carried out. It is concluded that without the introduction of active and effective measures, the process of bringing national legislation into line with the international standards of the UN, the Council of Europe, the EU will in fact remain at the level of declarations and wishes, and the accession of Ukraine to international legal acts that establish international standards will have a rather political, rather than international legal character.