The dissertation is devoted to the research of the role of phenomenology
of international legal standards in the constitutional law of Ukraine and their
significance and influence on its formation, development and improvement,
formation and development of the constitutional and legal status of man and
citizen.
The concept, definitive and specific characteristics of international legal
standards in the contextualization of historical and legal, evolutionary and
conceptual aspects of their formation, legalization and development are studied; the
notion of international legal standard as norms of international law is considered;
species characteristics of international legal standards are characterized.
It is proved that these standards are a manifestation of the efforts of the
international community to optimize and unify the phenomenology of international
rulemaking and rulemaking in order to further borrow such standards by national
legal systems, including systems of national constitutional law.
The features of international legal standards that identify them in the
framework of public international law and the constitutional law of states
- through their definition of international law, which, in turn, determine
the appropriate model of legal behavior; their formalization in the form
of norms of the international agreement and granting of obligation for
execution by all signatory states (participants) of such agreements; providing
a free nature of the behavior of a particular state in the choice of means of
implementing the provisions of international legal standards in the system of
national constitutional law; formation of a management-normative paradigm,
according to which the adoption of new international legal standards is
consistent with a set of current international norms in the relevant field;
determining that the content of the standards is, firstly, a compromise between
the entities empowered to adopt them and, secondly, they set a minimum level of requirements for obligations to signatory states, which must be reproduced
in their national legislation.
It is established that international legal standards have an impact on the
national legislation of the state’s parties to international treaties, harmonizing
national constitutional law with international law. Their goal is primarily aimed at
achieving a certain result defined in these documents, rather than creating a single
legal regulation, although as a result of their dissemination and synergistic action
contributes to the creation of a single global (regional) legal space. In turn, this
implies the possibility of applying such a national implementation mechanism,
which is the most acceptable for the national legal system.
It is indicated that the urgency of the research is justified by the lack of domestic
research on a comprehensive study of the category of «international standards»,
disclosure of their impact on the formation and development of constitutional law
of Ukraine, clarifying their place in the rights, freedoms and responsibilities of
man and citizen. constitutional law of Ukraine, underdevelopment of relevant
legislation and lack of generalization of practice and foreign experience on
these issues - although its important theoretical and practical significance for
the development of national constitutional rulemaking (lawmaking), as well as
rulemaking (lawmaking) in the implementation of international legal standards to
national law Ukraine, is certainly important.
