КОНТРОЛЬ, МОНІТОРИНГ ТА ОЦІНЮВАННЯ ЯК ПРОЦЕДУРИ ОРГАНІЗАЦІЙНОГО ЗАБЕЗПЕЧЕННЯ АДАПТАЦІЇ ЗАКОНОДАВСТВА УКРАЇНИ ДО ACQUIS ЄС

Abstract

Problem setting. For today, it is impossible to define the stage of the process of adaptation of Ukrainian legislation in order to make it in line with tasks set in the EU – Ukraine Association Agreement (AA). The reason of it is that control, monitoring and evaluation, as procedures of legal adaptation, are not implemented appropriately. This situation is a consequence of the lack of necessary regulation and distribution of responsibility between institutions involved to the legal approximation. This article is aimed at setting accurate positions in researched issue and developing proposals on solving identified problems. Accordingly, the aim of the research is pointing the control, monitoring and evaluation as procedures of organizational support of legal approximation. The main content. In this research the author describes notions “control”, “monitoring”, “evaluation”, that forms understanding of differences between them using certain characteristics; applies objective and subjective approach in describing control, monitoring and evaluation as procedure for the adaptation of Ukrainian legislation, their law regulation, participants and stages; presented the author’s comparative table of considered procedures; identifies problems of their implementation and formulated the main proposals on their solving. Conclusion. The control, monitoring and evaluation are inalienable procedures of legal approximation, since due to them it becomes possible to follow the progress in fulfilment of Ukrainian obligations in the part of legal approximation, and react on dynamic situation of the country in time. Researched legal approximation procedures meaningfully differs in subject of activity analysis and possibility of making changes in existed plan on the bases of got findings. The analysis of implementation of control, monitoring and evaluation in the sphere of approximation is evidence of the situation that as of December 2017 their legal and organizational support is built only in the framework of activity on AA implementation (the first object). In order to improve these procedures within this object it is necessary to finalize the Order of planning (Order of planning, monitoring and evaluation of effectiveness of fulfilment of the EUUkraine Association Agreement, approved by the Act of the Government of Ukraine, dated from May 31, 2017, N 447.) and ensure of its implementation. The activity on fulfilment of the State program (State Program of adaptation of Ukrainian legislation to legislation of EU, approved by the Law of Ukraine dated from March 18, 2004, N 1629-IV) as the second object of these procedures is not practiced, since the program does not address current needs and challenges of this activity. Taking this into account, it is necessary to approve a new national program of legal approximation, clearly stipulate in their provisions tasks on implementing control, monitoring and evaluation that should be supported with appropriate responsibilities and algorithm of their implementation (separately or referring to the Order of planning). In addition, one body should be defined to be responsible for the approximation; the Coordination Council and authorized central executive authority on adaptation should be formally eliminated. Additionally, pointed changes are to clarify a correlation of activities on legal approximation and AA implementation.