Approximation of Ukrainian Commercial Law to EU Standards
Understanding the importance of aligning Ukrainian commercial law with EU regulations for enhanced economic cooperation and overall development. Emphasizing the need for legislative changes and effective implementation to meet EU standards and ensure compliance with the Association Agreement (AA).
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Presentation Transcript
WAYS OF APPROXIMATION (OR HARMONIZATION) OF UKRAINIAN COMMERCIAL LAW TO THE EU LAW. ( 1) -03
Following the declared European foreign policy vector, it is impossible, in fact, to avoid the process of adaptation in the internal legal policy of Ukraine. The approximation of Ukrainian law to the EU acquis communautaire is not only the instrument for deepening our economic cooperation with the European Union, but also the important measure to enhance further development of Ukraine in general.
REQUIREMENTS FOR FURTHER CHANGES IN UKRAINIAN LEGISLATION (PART 1) Firstly, Ukraine needs to conduct necessary changes to its legislation to make it fully compatible with EU legislation listed documents. This requires changes in the existing legal acts or adoption of new acts. To determine such actions, the drafters of the present Guidelines use mainly the notion of approximation . in the AA and other
REQUIREMENTS FOR FURTHER CHANGES IN UKRAINIAN LEGISLATION (PART 2) Secondly, Ukrainian authorities also need to make sure that the newly adopted approximated rules are effectively implemented obligations stems, for instance, from Article 475 (2) of the AA. It provides that Monitoring shall include assessments of approximation of Ukrainian law to EU law as defined in this Agreement, including aspects of implementation and enforcement. This requires that the drafting of new rules always ensures the applicability of these rules in daily practice. It may include a plethora of non-legislative actions, including appropriations, enhancement apparatus or creation of new institutions, capacity building exercises for staff of those institutions as well as all other actors involved in law enforcement. in practice. Such an securing budgetary existing of state
BASIC GUIDELINES FOR FURTHER ACTION At the end of the day, parts of Ukrainian law will be based and modelled on solutions developed Union. Details and approximation per area are provided in the AA as well as in other sources, including other agreements. Although the time approximation is largely determined by the provisions and Annexes of the AA itself, detailed plans and priorities are set in a plethora of road maps and action plans approved authorities. The approximation tasks cover not only EU legal acts but frequently also other sources including soft-law instruments as well as jurisprudence of the Court of Justice of the European Union (CJEU). in the deadlines European for bilateral EU-Ukraine framework for by the Ukrainian
