AMENDING THE CONSTITUTION UPON UKRAINE’S ACCESSION TO THE EUROPEAN UNION

Abstract

Abstract. The article is devoted to the problem of amending the Constitution upon Ukraine’s accession to the European Union. It is noted that despite the large-scale invasion of the troops of the Russian Federation in February 2022, the Ukrainian state extended its efforts to ensure the implementation of the strategic European integration course enshrined in the Basic Law. The start of negotiations for Ukraine’s accession to the EU requires, first of all, the fulfillment of the political and legal criteria for membership in the Union. It is concluded that the full implementation of the provisions of the EU acquis into national legislation requires the introduction of appropriate changes to the Constitution upon Ukraine’s accession to the EU. The experience of making changes to the Basic Laws due to the accession to the EU of such countries as Bulgaria, Latvia, Lithuania, Romania, Germany is analyzed. Proposals for amendments to Articles 9, 18, 38, 70, 141 of the Constitution of Ukraine upon accession to the European Union are given. In particular, it is proposed to supplement Article 9 of the Constitution of Ukraine with the provision that under the conditions of Ukraine’s accession to the European Union, the norms of European Union law are a constituent part of the legal system of Ukraine and are subject to direct application. In the event of a conflict, the rules of EU law have priority over the rules of laws and other regulatory legal acts of Ukraine. A proposal was made to supplement Article 70 of the Basic Law of Ukraine with the provision that since Ukraine joined the European Union, the right to vote in elections to local self-government bodies and the European Parliament, in accordance with the law, is granted to citizens of other member states of the Union who permanently reside in Ukraine under the same conditions as citizens of Ukraine. It was concluded that the legal formalization of changes to the Constitution due to Ukraine’s accession to the EU will require an all-Ukrainian constitutional referendum, which can be held only after the end of the legal regime of martial law.