Topical issues of legislation unification

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Topical issues of legislation unification

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

In the current climate there is no question of national legislation imperfection and ineffectiveness. These defects are so obvious that not only practitioners, scientists and scholars, but also ordinary citizens are talking about them. Negative situation which has developed within national legal array can be resolved with legislation unification, which is designed to streamline the latter one and make it uniform an d compliant with international requirements. Unification is a complex and long process of bringing the current legislation to certain standards and requirements. It is necessary to find answers to questions arising in the process of its implementation in order to produce the desired result of harmonization. First of all, the unification act must comply with international standards. In all cases, the involvement of international legal standards and foreign experience must be coordinated and scientifically well-founded, organized based on the national legal culture features and state integration degree into certain international community. Secondly, there is an inconsistency of the legal technique rules, which is also an open question both to legislative practice, and high-quality unified act creation. The unification process should be continuous and cover all structural units of the legal system. Its use in various parts of the legislation depends on the previous conditions of unification, and its implementation technique. Such conditions should include the need for legal material unification in a certain area of social relations, a high level of legislation systematization, etc. Unified rules are the result of uniform civil relations regulation with a foreign element using international legal means and mechanisms. Under any circumstances, the Ukrainian legislator should assume the priority to harmonize those relationships that require urgent reform and those which depend on the necessary cooperation of our country with the EU, as well as those arising from the obligations assumed by Ukraine within the framework of the contractual relationship. Based on the general theory of law unification and modern international integration experience, we can conclude that law unification in the broad sense does not constitute analytical relations legal regulation differences removal in the law of the individual states, by creating similar legal norms, but entails international cooperation impediments removal and development of relations which are regulated by national law, by establishing the same legal norms and law institutions.

Authors and Affiliations

Nataliia Kleshchenko

Keywords

EP ID EP544913
DOI -
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