IMPLEMENTATION OF THE EUROPEAN LEGAL STANDARDS IN THE LEGAL SYSTEM OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article analyzes the fact that in modern life the international standards for protection and defense of human rights, European principles and standards of public law and administrative legislature become increasingly important in the conditions of globalization and integration processes. Nowadays the perception of European orientations often occurs due to the process of European integration, which is a strategic vector of development of the Ukrainian state. European practice, on which legal standards are implemented, indicates the presence of mandatory standards and standards of advisory nature. Mandatory legal standards are expressed in the law regulations, which oblige to proper conduct. The main source of EU standards is the Founding Treaty. For example, the Treaty on the Functioning of the EU includes standards in such priority areas of public relations, as human rights, transport, agriculture and fisheries, economic and monetary policy, employment, social policy and so on. The Lisbon Treaty, which was entered into force on December 01, 2009, introduced a new kind of EU standards – the so-called “common values” of the EU. These values are the common values of all member states in a society, where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men dominate. Optional standards, which are advisory in nature, are the product of the international law of XX century, when the “speed” of their development does not coincide with the capabilities and desires of individual states. However, nowadays it is difficult to imagine any sphere of public life, where generally recognized international standards would not exist. European legal standards are formed in two biggest regional international organizations – the Council of Europe and of the European Union. It is noted that through the development of such “standardization” the European law undergoes some kind of working out of methods of regulation of social relations in the EU. Nowadays the whole system of standards that regulates various aspects of international relations is de facto created and successfully functions in international law.
Authors and Affiliations
М. Г. Хаустова
Keywords
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