Ways of implementation of international electoral standards in the national legislation of Ukraine

Abstract

The article is devoted to the study of the problems of implementation and ways of implementation of international electoral standards in the national electoral legislation of Ukraine. The work provides a critical review of scientific approaches of domestic and foreign scholars to understanding the legal nature of the implementation of international acts. The author concludes that the implementation of international acts is a state-building/law-making process of individual countries, which includes the recognition by the state of international legal norms and their implementation in national legislation and in practice with a view to comprehensive, timely and full implementation of the obligations assumed by the state under international law.
 The article analyzes the existing positions of legal scholars on the ways of implementing international legal standards in legal science and, on this basis, identifies and characterizes the ways of implementing international electoral standards in the national legislation of Ukraine. The main such ways are, firstly, reception, when there is a textual repetition of the content of the act/norm adopted by the international community in the national legislation of the respective state without their changes. That is, it is the actual repetition of the content of international law by the relevant acts of national law. Secondly, transformation, which is a method of implementation associated with the revision of the text of an international legal act in accordance with the principles of the national legal system and the adoption of domestic law on this basis. This makes it possible to implement the norms of international law with their maximum compliance with the domestic principles of rule-making technique. Its separate form is a reference, when a norm is created that refers to international acts, traditions of international law. Thanks to this form, the State authorizes the direct application of international law in domestic legal relations. It is determined that these ways of implementing international electoral standards in the national electoral legislation were especially evident in the adoption of the Electoral Code of Ukraine.