Колективні монографії, розділи з колективних монографій
Постійне посилання колекціїhttps://dspace.nuft.edu.ua/handle/123456789/12021
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Документ Загальні засади гармонізації національного законодавства із законодавством Європейського Союзу(2023) Задніпряна‐Корінна, Мар'яна Юріївна; Корінний, Сергій ОлександровичTo date, the development of the legal system of Ukraine is conditioned by complex external and internal factors, including the need to revise the legislation system and harmonize the legislation of Ukraine with the legislation system of the European Union, ensure effective legal mechanisms for the protection of human rights and freedoms, guarantees of judicial protection of violated rights and compensation for damages to victims persons acquire priority importance. The legal foundations of the harmonization of Ukrainian legislation with the legislation of the European Union were laid in the 90s of the 20th century. Requirements for the harmonization of Ukrainian legislation with the legislation of the European Union have been enshrined in national legislation since 1996, which is connected with the conclusion of the Interim Agreement between Ukraine and the European Communities on trade and trade cooperation. The use of special methods of harmonization with the aim of bringing Ukrainian legislation to the requirements of the European Union is becoming more and more relevant. The choice of the main method of harmonization is based on the experience of a number of European countries that carried out comprehensive harmonization of legislation before becoming a member of the European Union. Quite often, the term "adaptation" is used as close to harmonization. According to the official documents of Ukraine, adaptation means bringing the laws of Ukraine and other normative legal acts into compliance with the acquis communautaire. Adaptation is an integral part of legal integration, which is interpreted as the adaptation of certain phenomena to the environment, conditions of existence, or can manifest as a change in their form, content under the influence of external or internal factors. harmonization of Ukrainian legislation has positive aspects that contribute to the country's development and strengthening its position in the European arena. For example, integration with European structures. The harmonization of the legislation of Ukraine with the legal norms of the European Union is an important step towards the integration of Ukraine into the European space. This helps to improve cooperation with EU countries, simplifies trade, attracting foreign investments and ensures mutual recognition of the rights and responsibilities of citizens. Harmonization of legislation helps to create a favorable investment climate, improve the quality of legislation and other important factors for the functioning of a modernized society. Harmonization as a special method used for the transformation of legislation, legal norms, principles with the aim of assimilation, establishment of requirements common to the legal system of the European Union to various subjects of legal relations, and used as a tool for implementing national policy in the field of harmonization, is applied by a specially authorized by the central body of executive power (as a rule, the Ministry of Justice). A special authorized body in the field of harmonization is a central-level executive authority whose function is to participate in the development of the harmonization policy (a component of the European integration policy), coordinate the implementation of programs for its implementation, and monitor the results of implementation. The effective use of means of the method of harmonization in the analyzed field should take into account the positive European experience of the implemented reforms