Dudar S. Development of Ukrainian Legislation in the context of European Legal Integration (general analytic aspect).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0413U004137

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

16-05-2013

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

Thesis-writer analyzed views and ideas of national theoreticians of law as to the issue of legislation development, considering aspect of legal integration to European Union (EU). As well, the author determined specific features of scientific research as to the coordination of Ukrainian legislation with the EU law and the methodological basement for this coordination. The thesis analyses the history of formation of doctrinal comprehension of European integration, including legal one, which provided a possibility for division into development periods of national scientific outlooks concerning European integration. This work reveals a concept of European integration as social-cultural phenomenon, typical for European civilization along with the justification of the author's understanding of European integration phenomenon. Content of three models of legal integration is distinguished and discovered. During analysis of legal integration specific features the thesis-writer determines their influence on national legislation development. Analytic-legal principles of formation of "legislation" concept are determined and critically estimated based on analysis of scientific works of national theoreticians. Here are specified the statements that are to be reinterpreted taking into consideration new requirements raised to national legislation in the context of European integration. The specifics of legislation concept as a system-defined phenomenon are indicated as well as the content of laws coordination and harmonization principle, reflecting specific-legal regularity of legislation development as relatively autonomous system legal phenomenon. The author clarifies the concept and determination of law domination principle in the process of legislation development in the context of European legal integration as the requirement to legislation qualitative characteristics performing the function of legislation development goals as legal phenomenon. The work substantiates the chain of scientific statements as to the aspects and tendency of legislation development in Ukraine in the context of European integration.

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