THE CONCEPTUAL APPARATUS OF ADAPTATION OF UKRAINIAN INFORMATION LEGISLATION TO THE EUROPEAN LEGAL STANDARDS IN TERMS OF INFORMATION SOCIETY DEVELOPMENT
Journal Title: «Приватне та публічне право» - Year 2017, Vol 1, Issue
Abstract
It is proved that among the main factors influencing the need for adaptation of information legislation of Ukraine to the European legal standards are the integration processes, the emergence and development of which is associated with the creation of global integration. Among the main types of processes of global integration the leading role belongs to the legal and information integration, because information is now a crucial factor in determining the development of technology and instrumental resources in general. Without it, the use of material and energy resources to sustain life and development of the society is impossible. The author studied the conceptual apparatus of the problem of adaptation of Ukrainian information legislation to European legal standards in the context of the common problems of interaction of international and national law, especially the application of international rules of law, as well as approaches to their solution. It is proved that the adaptation of information legislation of Ukraine to the European legal standards is covered by the provisions of the theory of implementation and its methods. The paper emphasizes that, in any case, adaptation is a process which is related to the interaction of the national and international standards, in particular the information legislation. An adaptation of information legislation of Ukraine to European legal standards in terms of information society development is understood as a systematic process of bringing information legislation in line with European legal standards provided by a set of lawmaking, organizational, operational and executive and monitoring measures to ensure the implementation by Ukraine of obligations towards integration into the global information society in accordance with European legal standards. It is determined that it could be both the process of adaptation of Ukrainian information legislation and information legislation applied in Ukraine. It is realized that all the theoretical and practical issues related to the application of European law in the field of national relations are studied in the framework of two theories, the essence of which is shown in the content and features of the concept of “transformation” and “implementation” and, thus, is covered by the content of these concepts. It is proved that one should consider the correlation between the concepts of “transformation” and “implementation” and it would be more accurate to speak of one basic concept, i.e. the concept of “implementation”. The basic positions of the study summarizing the features of the theory implementation are presented. It is noted that although both theories (transformation and implementation) are based on the postulate of the autonomy and independence of international and domestic law systems, however, the process of their interaction is different. The author defends her own opinion that except the concepts of “adaptation”, “harmonization” and “unification” that are appropriate to be considered as the stages of implementation, all other concepts are either the ways to implement the rules of law, or their synonyms. “Adaptation” is the first stage of implementation of the rule of law, “harmonization” is the second stage, and “unification” is the third stage. The conceptual apparatus must be based on the content of the basic concept - the “implementation”, as well as on its methods and stages.
Authors and Affiliations
В. В. Ткаченко
Keywords
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