Abstract
The study aims to establish the role of "soft law" as a tool of legal technology, its importance for the formation of the legal system within the regulation of various types of legal relations. The current pace of development of society requires a rapid response from the authorities to certain situations. Sometimes the settlement of certain legal relations by customary law is insufficient, as the range of such legal relations cannot be covered by national or international acts. In this case, it is advisable to follow the prescriptions of "soft law", which contain general ideas and principles that determine the main vectors of the settlement of legal relations. Besides, "soft law" serves the purpose of harmonization of the legal framework of different states, which results in the creation of related mechanisms of interaction. In the context of the desire for global cohesion, in particular, European integration, the definition of the impact and role of "soft law" on rule-making processes becomes especially important. The result of this work is to identify the importance of acts of "soft law" for the settlement of various legal relations at both national and international levels; the role of such acts in the implemented European integration policy; features of legal technologies within the application of "soft law" acts.
Highlights
The current trend of expanding interaction between states and international associations has necessitated the establishment of effective mechanisms for such interaction, as well as the development of a regulatory framework that will bring the regulation of legal relations within each state and at the level of the international community on pressing issues.Since the adoption of legal acts at the level of international law requires the implementation of time-consuming multi-component processes, the introduction and application of "soft law" is gaining popularity."Soft law" norms are understood as institutional, recommendatory norms, which are contained in the relevant sources – first of all in the documents of international intergovernmental organizations
"Soft law" is a set of optional generally accepted regulations that are characterized by a high level of practical significance and widespread in rulemaking and law enforcement activities
Soft law is an effective tool that promotes the recognition and establishment of new international law that would regulate the relations that are most relevant at the moment, supporting the effective functioning of the international legal system (Shalinska, 2011)
Summary
The current trend of expanding interaction between states and international associations has necessitated the establishment of effective mechanisms for such interaction, as well as the development of a regulatory framework that will bring the regulation of legal relations within each state and at the level of the international community on pressing issues. In his work the autor emphasizes that soft law is a source of customs law of Ukraine and it means a set of legally non-binding international norms created by states, international organizations that do not contradict the basic principles and norms of international law and aimed at regulating international relations. Schwarcz (2019) analyzes the prospects for the development of soft law to regulate international business He claims, that international business transactions increasingly are being conducted under “soft law”—a term referring to non-state rules that may be aspirational or reflect best practices but are not yet legally enforceable. That international business transactions increasingly are being conducted under “soft law”—a term referring to non-state rules that may be aspirational or reflect best practices but are not yet legally enforceable In part, this shift reflects a decline in cross-border treaty-making, which needs widespread consensus and is subject to lengthy negotiations. Some issues need further study, in particular on the use of "soft law" in the implementation of legal technologies, its role in harmonizing legislation, influencing the formation of state strategies and policies, the transition from "soft law" to "hard", elimination of conflicts both between the norms of generally recognized official acts and acts of "soft law" and within the acts of "soft law", etc
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