Передумови та перспективи адаптації української правової системи до стандартів ЄС

The article thoroughly analyzes the importance of Ukraine’s European integration and its obligations to approximate legislation to the EU acquis. It is determined that the successful implementation of this process depends not only on the formal adoption of regulatory acts, but also on real law enforcement, in particular in judicial practice. Particular attention is paid to the readiness of Ukrainian courts to «Europeanization» and the application of EU law. The author summarizes the judicial practice that demonstrates some progress in the direction of using the norms of the Association Agreement with the EU as norms of direct effect. However, as indicated, it is important to ensure the unity of judicial practice and avoid different approaches to interpreting norms. This process requires unified criteria and, possibly, expanding the possibilities for Ukrainian courts to apply to the Court of Justice of the EU for the interpretation of the norms of the Association Agreement. Integration into the EU involves not only legislative adaptation, but also the creation of a legal system that will be able to effectively implement European standards. Therefore, an important aspect is the adoption by judges of European legal norms and institutions, such as state aid or other mechanisms that were not previously part of Ukrainian legislation. The author has studied the influence of international and European law on the national legal system of Ukraine, which is manifested through the process of implementing international standards into national legislation and approximating Ukrainian law to European norms. This study covers the influence of fundamental values that underlie international and European law. At the same time, considerable attention is paid to the formation of the legal foundations of Ukraine’s European integration, the legal support of this process and the analysis of the influence of legal mechanisms on European integration processes. Harmonization of national legislation with EU law is an important prerequisite for the effective application of EU norms by courts. The author believes that Ukrainian courts can effectively apply EU law if national legislation is adapted to European standards, which will reduce legal uncertainty and provide a more harmonized legal environment.