CURRENT PROBLEMS OF ADAPTING THE LEGISLATION OF UKRAINE TO THE ACQUIS COMMUNAUTAIRE OF THE EU

Abstract

This article is devoted to the analysis of transformational changes in the processes of approximation of the legislation of Ukraine to the legislation of the European Union, considering the peculiarities of political and state development and the establishment of a new world order. The historical normative prerequisites for establishing bilateral political and legal relations between Ukraine and the EU are analyzed, the main features and trends of cooperation are described. Particular attention is paid to the provisions of the Association Agreement between Ukraine and the European Union, which became the starting point for the cooperation of the parties and the official recognition of Ukraine as part of the Community. Special attention is paid to the theoretical analysis of the concept of adaptation and determination of its role in the process of transformation of Ukrainian legislation. It has been established and summarized that the theoretical understanding of the adaptation process boils down to two main directions: as a process of gradual and continuous approximation of the current legislation of Ukraine to EU legislation, or as a process of implementation of specifically defined provisions of the legislation of the European Union, which regulates relations in clearly defined areas of common interest of the parties to the Agreement about the association. It was found that implementation is a means of adapting Ukrainian legislation to EU legislation, and adaptation is a broader concept and consists in the adoption of EU experience and traditions into the legal system of Ukraine, universalization and unification of legal norms, reduced to the common denominator of the regulatory function of supranational law and the legal system of Ukraine. Particular attention was paid to the analysis of the influence of the state of war on the state of adaptation processes in the legislative system of Ukraine in the context of compliance with the principles of the rule of law and justice as fundamental in the legal system of the EU and Ukraine and reflecting the value orientations of international cooperation. The most vulnerable points of these conceptual basic standards have been determined, including the redistribution of power in the state and the creation of temporary bodies – military state administrations; restriction of active and passive right to vote; decrease in the level of protection and respect for human and citizen rights and provision of basic security needs; legitimate restriction of individual rights and freedoms of citizens, etc.