THEORY AND PRACTICE OF THE ADAPTATION OF UKRAINIAN LEGISLATION TO EU LEGISLATION

Abstract

Abstract. The article is devoted to understanding the theoretical and practical foundations of adaptation of national legislation to the European Union as one of the main components of the European integration course of Ukraine, to determination of the level of the legal provision of Euroadaptive activity, peculiarities of the construction and functioning of the current Euroadaptive institutional mechanism of Ukraine. It is noted that one of the criteria for granting EU membership is the ability of a country-candidate to assume the obligations associated with EU membership, namely at the moment of joining the European Union to implement all elements of the acquis communautaire into its national legal system, adapt projects of regulatory acts and conventions of the European Union and ensure their practical use in the national legal system. It was determined that the concept of adaptation of the legislation of Ukraine to the European Union’s legislation determines the appropriate stages of adaptation of the legislation. The main principles of Ukraineєs accession to the European Union are analyzed, the aspects of the adaptation of Ukrainian legislation to EU requirements and standards are considered. It is emphasized that the adaptation of Ukrainian legislation to EU legislation involves the convergence of the national legislation with the modern European legal system. It is indicated that the adaptation is a component of integration processes and prerequisite for the harmonization of the national legislation with the legislation of international organizations, and it is also noted that the adaptation of the national legislation to the legislation of international organizations is carried out by authorized bodies of state power with the help of law-making, planning, coordination and control. The author generalized the definition of the legal category “adaptation of legislation” singled out the characteristic features of the process of adaptation of the national legislation to EU legislation and made some proposals on ways to improve the adaptive mechanism of national legislation.