Правові науки

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    Interaction of international and domestic law: some reflections on the issue of compliance of Ukrainian law with the international legal obligations of Ukraine
    (Гельветика, 2022) Streltsova, Yevdokiia D.; Стрельцова, Євдокія Джонівна
    The article proposes an analysis of some aspects of the problem of the international law impact on the domestic law of Ukraine. It is highlighted that in the Ukrainian legal doctrine the issue of interaction between international and domestic law has recently been studied in connection with the increasingly active accession of Ukraine to international and regional legal spaces, which requires the adoption of the domestic legislative and organizational measures to ensuring the effectiveness and observance of the provisions of international law. In this study, the emphasis was placed on the implementation of international legal norms in Ukraine and the compliance of Ukrainian law with international legal obligations, as well as the observance of terminological identity as a separate issue of interaction between an international treaty and the legislation of Ukraine. The article states that, according to the legislation of Ukraine, its change on the basis of international treaty obligations can occur solely as a result of the state's own actions, since this is within the competence of the sovereign. Therefore, the implementation of the norms of international law occurs either through the direct application of the relevant international legal norm sanctioned by the state, or by amending the legislation, or as a result of the so-called judicial implementation, when judicial practice adapts the law enforcement in accordance with international legal norms and standards. Based on the study of the provisions of some international treaties and the relevant domestic legislation, conclusions were drawn regarding the domestic implementation of international treaties of Ukraine: the article states that it is necessary here to take into account the peculiarities of the international legal obligations of the parties, which is reflected in the texts of the treaties themselves; an international treaty of Ukraine implemented into the legal system of Ukraine by amending or adopting new legislative acts shall not be applied simultaneously with the legislative act in which its norms are included; the implementation of the norms of an international treaty does not always require the preservation of the terminological identity of the international treaty and the corresponding act of national legislation, etc. The article concludes that, overall, the Ukrainian practice of harmonizing domestic law on the basis of international treaties is quite developed and diverse, but at the same time it is more spontaneous, intuitive than subject to certain rules or priorities. Nevertheless, the consistent desire to carry out its international legal obligations in terms of bringing the legislation in line with the requirements of international treaties allows us to state the openness and readiness of Ukraine for further integration into the universal and regional legal spaces.