CROSS-CONSTITUTIONAL INFLUENCE OF EUROPEAN STANDARDS IN THE PROCESS OF ESTABLISHING CONSTITUTIONALISM IN UKRAINE
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 3, Issue
Abstract
The article investigates the mechanism of reception and cross-constitutional influence of European standards in the process of establishing constitutionalism in Ukraine. The research is based on particular examples of reception mechanism in the practice of state building which confirm that reception, on the one hand, is a phenomenon and, on the other hand, complex system-structural process whose mechanism requires a balanced approach and coordinated interaction of relevant subjects of constitutional and legal relations. It also can influence the functioning of other branches of law. It is proved that the reception of European standards into the practice of state building in Ukraine can be performed in several ways. First, it may have a voluntary character and be realized in the form of responsible borrowing of a positive experience of the constitutional building. Secondly, the reception, especially in constitutional law, may have a certain political shadow and be under the influence and even the pressure of the donor country or supranational superstructure (which is the European Union or the Council of Europe) and actually acquire a “forced” character. In particular, it touches the reception process of individual European standards into the national constitutional law. In fact, any rules of international law are not capable exercise regulatory influence on the internal social relations, because for this action they need to stand out the ratification procedure stipulated by the constitutional norms. Then they will become a part of the legislation of a particular state and their reception will gradually take place in the national legal system. Attention is drawn on the fact that “forced” nature of the reception is quite relative concept as Ukraine is sovereign and independent state as well as autonomous entity of the international relations. Thus, to undertake obligations is its right, but not a duty. If the decision is accepted on behalf of the Ukrainian nation, it is essential to consider the ratification of any international agreements more thoroughly taking into account the legal implications and prepare for the process of reception of specific institutions or individual constitutional rules in advance including harmonization of domestic law. The paper substantiates that effect of positive cross-constitutional influence in the process of state building in Ukraine is effective reception of constitutional ideas, concepts, standards, institutes that will contribute to the European integration and harmonization of domestic and European legal systems.
Authors and Affiliations
Н. В. Верлос
Keywords
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