THE ROLE OF LEGAL DOCTRINE IN THE PROCESS OF NATIONAL LEGAL SYSTEMS’ DEVELOPMENT UNDER THE IMPACT OF LEGAL GLOBALIZATION

Abstract

Ukraine’s entry into the European Community as a plenipotentiary member anticipates the acceleration of legal reform with the aim of bringing national legislation in conformity to the standards of European legislation and implementing the fundamental principles and norms of international law in the field of human rights. The article is devoted to the issue of role of legal doctrine in the process of approximation of the domestic legal system to EU law. It is affirmed that the legal doctrine in a conceptualized form, produced by non-state international organizations with the participation of authoritative jurists and UN and EU institutions, is capable to facilitate to the improving the mechanism of international and legal convergence both in the process of law-making and law enforcement. In the process of legal approximation there noted a special role of legal doctrines that are formed by the Court of Justice of the European Union during interpretation of EU law, which are also part of the acquis communautaire system. It is mentioned that legal doctrine in Ukraine also plays an important role in the law-making process when adapting Ukrainian legislation to EU legislation, as well as in the law enforcement practice of Ukrainian courts. Legal doctrine plays an important role in the approximation of national legislation to EU law not only in the field of public law, but also in private law. Attention is focused on the fact that the constitutional-legal doctrine plays an exceptionally important role in the process of convergence of national legal systems, since the internationalization of law takes place primarily at the level of constitutional legislation. Various theoretical approaches to defining the concept of constitutional and legal doctrine are studied. There concluded about the importance of developing a doctrinal document – the concept of constitutional and legal policy, the subject of which is also the issue of the impact of legal globalization on the progress of the national legal system. Such a doctrinal document will contribute not only to the fulfilment of Ukraine’s international obligations, but also to the protection of national interests due to the critical perception of European legal standards in the process of adapting current domestic legislation to EU legislation and implementing the principles and norms of international law.