APPLICATION OF INTERNATIONAL LAW IN domestic legal order OF UKRAINE
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
The article proposed for the consideration of the concept of the use of international law in domestic legal order ofUkrainein the context of the primacy of international law. It also covers forms of interaction between national and international law. The problem of application of international law in domestic legal order inUkraine, their relationship has always been the center of attention of representatives of the humanities. However, it takes on special civil "sound" in the modern world. The author of the article suggests to consider the following questions: 1) the concept of the relationship between international and domestic (national) law in the context of the primacy of international law; 2) forms of interaction between national and international law. Special consideration of the vector are questions of the transformation of (direct and indirect) of international law into domestic law. Convincingly shows the influence of international law on the national law in several ways. It is very significantly appears, for example, through the reflection in the constitutions of a number of states and other legislation, generally recognized principles and norms of international law, as well as due to the proclamation of the international treaties concluded by the state, an integral part of its national legal system. Nowadays, this practice is quite common in developed countries, the traditional (old) democracy, and in the newly formed on the territory of former Soviet states - the "new democracies". For example, as in the article showed, the current Spanish constitution establishes that "officially published inSpain, international treaties can be canceled, modified or terminated only in the manner specified in the treaties themselves or in accordance with the general rules of international law." The Constitution fixed that existing international agreements, consent to be bound by the Verkhovna Rada ofUkraine, are part of the national legislation ofUkraine. A similar provision states that recognized the state treaties and other international instruments are part of its national law contained in the constitutions of other countries. Moreover, some of them especially indicated that in case of conflict of international and national law, priority is given to international law. Analyzed of the direct effect of international law in the domestic, that is carried out by transforming the rules contained in certain international treaties and, as a rule in international law. The world's leading power in the process of defining their attitude to international law are firmly on the positions of monism, and some are not global state traditionally hold the idea of dualism
Authors and Affiliations
V. P. Plavich
Keywords
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