Modernization of the legal system of Ukraine and expansion of the legal space of the European Union

2. Results and discussion

The main aspects of the interdependence of the modernization of the legal system of Ukraine and the expansion of the EU legal space. The interdependence of the modernization of the legal system of Ukraine and the extension of the EU legal space is revealed through the analysis of some aspects of mutual influence. The first aspect of the mutual conditionality of innovative changes in the legal system of Ukraine and the expansion of the EU legal space is the formation of a common regulatory basis for establishing integration ties between the parties. As I.V. Yakovyuk states, such integration ties are a factor in strengthening the interdependence of nation-states, creating a single market within the region [9]. The reference point for launching the interconnected processes of transformation of the legal system of Ukraine and widening the range of regulatory impact of EU law in the Eastern European region was the signing of the Partnership and Cooperation Agreement between Ukraine and the European Communities and their Member States On ratification of the Partnership and Cooperation Agreement between Ukraine and the European Communities and their Member States of 14.06.1994: Law of Ukraine (1994, November). Retrieved from https://zakon.rada.gov.ua/laws/show/237/94-%D0%B2%D1%80 on 14.06.1994. It was then that the parties defined the legal parameters of rapprochement between Ukraine and the EU. Within this process, the Ukrainian part undertook to gradually bring national legislation in line with Community law in order to achieve "approximate adequacy" in such areas as customs, banking, tax policy, finance, antitrust, public procurement, protection, healthcare and human life, environmental protection, consumer protection, technical rules and standards for nuclear energy and transport development (Article 51). On its part, the EU guaranteed technical assistance to Ukraine in interpreting legislation and assisting in the training of domestic specialists.

Later, in March 2004, against the background of further intensification and deepening of relations between Ukraine and the EU, the Law of Ukraine "On the National Program for Adaptation of the Legislation of Ukraine to the Legislation of the European Union" No. 1629-IV was adopted¹. The purpose of the adoption of this act was to achieve compliance of the legal system of Ukraine with the Acquis communautaire, with consideration of the criteria put forward by the European Union to the states that intend to accede thereto. The document clearly identified that the adaptation of Ukrainian legislation to EU law is a systematic process that requires the implementation of the rules and principles of EU law in the national practice of legal regulation of public relations [10-12]. Ten years later, in 2014, the aforementioned Association Agreement was concluded between Ukraine and the EU. The content of the document forms the legal basis for the gradual approximation of the standards of functioning of the legal system of Ukraine to the principles of legal regulation of the main spheres of public relations of the European Union. geopolitical ukraine legal system cooperation eu

The provisions of the Association Agreement are subject to consistent implementation in national state building practice in accordance with the Action Plan for the Implementation of the Association Agreement On the National program for the adaptation of the legislation of Ukraine to the legislation of the European Union: Law of Ukraine (2004, March). Retrieved from https://zakon.rada.gov.ua/laws/ show/1629-15 On the implementation of the Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part: Decree of the Cabinet of Ministers of Ukraine (2017, December). Retrieved from https: //www.kmu.gov. ua/ua/npas/pro-vikonannya-ugodi-pro-asociaciyu-mizh-ukrayinoyu-z-odniyeyi-storoni-ta-yevropejskim- soyuzom-yevropejskim-spivtovaristvom-z-atomnoyi-energiyi -i-yihnimi-derzhavami-chlenami-z-inshoyi- storoni. The statutory definition of the planning and responsible entities for the implementation of the Association Agreement confirmed, on the one hand, the intensification and deepening of the convergence of the legal systems of Ukraine and the EU, and on the other - significantly expanded the territorial borders of the EU legal space in Eastern Europe at the expense of Ukraine, became a roadmap for common standards for the use of mechanisms of legal regulation of public relations.

The second aspect that characterizes the interdependence of the transformation of Ukraine's legal systems and the expansion of the EU's legal space is the legal recognition by Ukraine of the obligation to immediately uphold, protect and nationally enhance the EU's universal values system. The provisions of Art. 2 Section I of the Treaty on European Union (Maastricht Treaty) of 7 February 1992 states that the fundamental values of the EU are human rights, human dignity, freedom, democracy, equality, the rule of law, including the rights of persons belonging to national, religious and other minorities [13]. These values are fundamental to the EU Member States within the community, form the core of European law and the ideological foundation of the European legal space. A special place among universal values is taken by the institution of human rights. O.V. Petryshyn explains this by the fact that human rights have the significance of the socio-anthropological foundation of the modern regulatory system and constitute the very essence of law [14].

It is worth noting that universal values in the history of the united Europe were formed in the process of evolution of the European model of coexistence of peoples and cultures of the continent. The cruel lessons of World Wars, crises, and totalitarian dictatorships have prompted Europeans to seek and find compromises between categories that seemed inconsistent and sometimes incompatible in the recent past: faith and reason, individualism and solidarity, free competition and social protection, market and state regulation, and finally, the zealous protection of national and cultural identity and the awareness of belonging to a single civilization centre - to Europe. Such a synthesis explains the development of values in the EU's integrated legal system, which are guaranteed by the use of the region's natural, internal and financial resources [15].

Accordingly, the rule of law of the EU Member States is based on legal mechanisms to ensure pluralism, inadmissibility of discrimination, tolerance, justice, gender equality, fair justice. By signing the Association Agreement, Ukraine has formally recognized that the architectonics of relations with the EU is further built solely on the implementation of common values (the preamble to the Agreement and provisions of Article 1). Accordingly, Ukraine's domestic policy should be entirely focused aimed at full performance of the said obligation at all levels and in all spheres of public life and state administration.

Another important aspect that reveals the relationship between the processes of modernization of Ukraine's legal system and the expansion of EU legal space is Ukraine's involvement in the implementation of so-called "European policies". This is the provisional name of the most important forms of activity of the EU institutional apparatus for the united Europe, aimed at achieving the goals of the existence of the Union. In particular, the most important areas of engagement are involvement with EU structures in policies such as:

- EU policy for maintaining and promoting peace and stability in the regional and international dimensions in accordance with the principles and provisions of the UN, EU, Council of Europe (Article 7 of the Association Agreement On the implementation of the Association Agreement between Ukraine, of the on- part, and the European Union, the European Atomic Energy Community and their Member States, of the other part: Decree of the Cabinet of Ministers of Ukraine (2017, December). Retrieved from https: //www.kmu.gov. ua/ua/npas/pro-vikonannya-ugodi-pro-asociaciyu-mizh-ukrayinoyu-z-odniyeyi-storoni-ta-yevropejskim- soyuzom-yevropejskim-spivtovaristvom-z-atomnoyi-energiyi -i-yihnimi-derzhavami-chlenami-z-inshoyi- storoni stipulates that Ukraine and the EU jointly develop measures aimed at involving Ukraine in the Common Security and Defence Policy (CSDP), conflict prevention, crisis management, European regional stability, disarmament, arms control and arms exports, improved mutually beneficial dialogue in the field of space);

- EU Justice, Freedom and Security policy to ensure the rule of law and respect for human rights and fundamental freedoms (Ukraine has pledged jointly with the EU to implement measures aimed at strengthening the judiciary system, combating corruption, organized crime and terrorism, money laundering and drug trafficking, protection of personal data, management of migration flows, judicial cooperation in civil and criminal cases);

- a common policy of Ukraine and the EU aimed at creating a free trade area with the EU and enhancing bilateral relations (the parties create jointly legal and organizational conditions for the formation of stable economic and trade relations, which in the future will lead to the gradual integration of Ukraine and the EU internal market, and will facilitate the functioning of an effective free trade area (a condition for this is the gradual adaptation of Ukrainian legislation to the EU acquis);

- EU humanitarian and cultural policy (provides for the formation of organizational and legal conditions for establishing a cultural dialogue between peoples, youth interaction, gradual accession of Ukraine to the European educational and scientific space, introduction of European health standards in Ukraine, etc.).

In general, the success of Ukraine's participation in these areas of EU policy is not possible without institutional and functional changes to the national legal system and, in particular, without the introduction of systemic reforms at the state level. Consistent work on aligning Ukraine's legal field with the Acquis communautaire is a prerequisite for updating the national legal system and, in parallel, for enhancing the influence of the European legal space in the country. Today, Ukrainian society welcomes the positive results of the state in the implementation of many areas of common EU policy.

An example is the entry into force of the Agreement on Free Trade Area of Ukraine with the EU on January 1, 2016 [15]. According to the calculations of specialists, the potential of the Free Trade Area between Ukraine and the EU will ensure a GDP growth of 0.5% annually, as well as an overall increase in the welfare of citizens by 1.2% per year. It is also expected that the volume of exports to the EU should increase by about 6.3%, the volume of imports of goods from the EU - by 5.8%, and the average wage in Ukraine - by 5.5% [16].

Another important achievement of the common humanitarian policy of Ukraine and the EU is the introduction of a visa-free regime of crossing the EU border since 11.06.2017. Visa-free travel provides an opportunity for citizens of Ukraine to attend cultural and sporting events in EU countries, make journalistic trips, short-term training and exchange of experience, medical trips, etc. [17]. In addition, Ukraine is gradually deepening its cooperation with the EU law enforcement institutions, expanding humanitarian cooperation and constantly improving the legal framework for this.

Undoubtedly, such achievements contributed to a certain politicization of the process of transformation of the constitutional order of Ukraine towards Eurocentrism. This was reflected in the constitutional fixing of the inevitability of Ukraine's pro-European course. However, we consider it justified in view of the specifics of the development of state and legal life in Ukraine, which E.I. Grigorenko and O.P. Evseev called "transitional" due to large-scale social upheavals of recent years [18].

Another important aspect of the mutual influence of the processes of transformation of the national legal system and the expansion of the EU legal space is the creation of institutions of political coordination of the development of cooperation between Ukraine and the EU within the framework of the implementation of the Association Agreement.

The establishment of such institutions started back in the 1990s, but their activity was fragmented and highly specialized. Thus, since 1994, the Parliamentary Cooperation Committee has been established between Ukraine and the EU. This institution was a forum for members of the Ukrainian and European Parliaments to exchange professional opinions and hold consultations. Since 2004, an Interagency Coordination Council for Adaptation of Ukrainian Legislation to EU Law was established to implement the National Program for Adaptation of Ukrainian Legislation to European Union Law.

The objective of this authority was to determine the priority areas of harmonization of Ukrainian and EU legislation. Following the signing of the Association Agreement in 2014, Ukraine and the EU have set up a number of institutions that provide direct comprehensive co-operation between the parties. In particular, it refers to an Association Council, an Association Committee, an Association Parliamentary Committee, and a civil society platform. The status of these institutions is regulated by Art. 460-470 of the Association Agreement. The functioning of these institutions in recent years has had a positive effect, which ultimately found its reflection on the modernization of many elements of the legal system of Ukraine with consideration of EU practices.

Issues of transformation of the Ukrainian legal system in the aspect of expanding the integration relations with the EU. It is noteworthy that the efficiency and dynamics of the processes of modernization of Ukraine's legal system and rapprochement with the EU are influenced by many factors, both of domestic and of global nature. In particular, the formation of a democratic state system based on the post-Soviet totalitarian system and a closed model of the economy causes some difficulties in renewing the system of legislation that regulates the standards of production and economic activity.

Moreover, the transformation of the economic system of Ukraine is often performed by team methods without consideration of the tendencies of free market development, and the quality of state control over the observance of antitrust legislation remains low.

Additionally, the introduction of new methods and forms of public administration is in some ways complicated by the high level of conflict in Ukraine's political system, high levels of corruption in the state apparatus, and the misunderstanding of a large part of the population of the essence of pro-European reforms.

Complementing the above, it is worth pointing at the problematics connected with the improper level of organization of work of governmental agencies in the implementation of the Association Agreement. Thus, the European Parliament Resolution No. 2017/2283 of 12 December 2018 on the implementation of the EU Association Agreement with Ukraine European Parliament resolution on the implementation of the EU Association. Agreement with Ukraine (2017/2283(INI)). (2018, December). Retrieved from http://www.europarl.europa.eu/doceo/ document/TA-8-2018-0518_EN.pdf?redirect states that the government of Ukraine introduces reforms in the main spheres of public life slowly and inconsistently, and the social policy of the state often does not meet the hopes and expectations of the majority of the population [20-22].

Apart from the above, the realization of Ukraine's European integration aspirations is complicated by the difficult geopolitical situation in the Eastern European region. In particular, the policy of the neighbouring Russian Federation is threatening in recent years, which attempts to keep Ukraine in the field of its political influence and practices the use of unlawful methods to achieve political goals. As a result, Ukraine is forced to spend considerable money on national security policy and mobilize better human resources to address security concerns. Under these conditions, the implementation of pro-European reforms is significantly slowed down and is not always consistent.

Conclusions

The interdependence of the processes of modernization of the legal system of Ukraine and the expansion of the EU legal space is determined by the general rapprochement of our country with the EU, Ukraine's efforts to join the pan-European legal, political and cultural progress. The transformation of the legal system of Ukraine under the influence of the expansion of the sphere of statutory regulation of EU law is visible in the plane of development of four parameters of legal reality: 1) formation of the organizational and legal basis for establishing integration relations between Ukraine and the EU; 2) legal recognition, at the level of the legal system of Ukraine, of the obligation to immediately uphold, protect and enhance the EU's universal values; 3) Ukraine's involvement in the implementation of the key aspects of pan-European policy; 4) establishment and determination of the legal status of the institutions of political coordination of the development of relations between Ukraine and the EU within the framework of the implementation of the Association Agreement. The interconnection of changes in the legal system of Ukraine under the influence of the expansion of the EU legal space is visible in other areas of mutual influence of the national legal reality and the European legal system (development of contractual bases of mutual relations between the institutions of civil society of Ukraine and the EU countries, cooperation in the field of law enforcement, in the field of justice and internal affairs, improving the regulatory framework for Ukraine-EU cooperation in ensuring regional security and responding properly to geopolitical and regional security risks and challenges, etc.). The effectiveness and dynamics of further development of the above parameters is determined by Ukraine's ability, with the EU's assistance, to overcome, at the national level, an array of issues of political, legal, economic, cultural development of Ukrainian society and to ensure a proper level of the state of military and national security.

A significant result of active interaction of the national legal system with the EU legal space is the change in methodological approaches to the analysis of the relationship between the European Union's political borders and the territorial scope of EU law. Accordingly, the modern scientific community faces new promising scientific research challenges. Their main content should centre around the elaboration of proposals on overcoming the issues of perception of EU legal practices by the national legal system, gradual change of the legal mentality of Ukrainian society in terms of the perception of the universal values of the EU, raising the level of protection of human rights and freedoms, raising the general level of legal culture and legal consciousness of the population. Furthermore, with consideration of the prospects of further political rapprochement between Ukraine and the EU, the Ukrainian lawyers will have to solve a complex of issues regarding the substantiation of the laws of formation of the optimal model of borrowing of EU legal institutions by Ukraine, while preserving the national identity of the domestic legal system and legal practice, to elaborate scientifically substantiated recommendations on optimizing further cooperation between Ukraine and the EU at the political and legal level in the priority areas of cooperation, to foster the ideological doctrinal basis for the development of new regulations to accelerate the process of implementation of the Association Agreement between Ukraine and the European Union, to develop perspective modalities of legal interaction between public authorities of Ukraine and EU governing institutions, to develop appropriate organizational and legal conditions for the inclusion of financial investment from the EU into the development of the national economy of Ukraine, etc.

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