An Effect of the European Legal Consensus Conception on the Adaptation of the Legal System of Ukraine to the Law of the European Union

Abstract

The paper is dedicated to issues on effect of the European Legal Consensus Conception on the adaptation of the legal system of Ukraine to the law of the European Union. It is outlined, the European Legal Consensus Conception is a means of integration of a legal system of a candidate-state to the existing legal field of the European Union. This conception shows itself both on the level of the legal ideology and on the practical level of the law enforcement in the activity of judicial bodies. A synergistic effect of mutual permeation of legal systems of the EU and a candidate-state is achieved due to the European Legal Consensus Conception. Due to it, Ukraine carries out its own adaptation to general requirements of EU and, at the same time, opens the way to permeation the national legal culture in the mutual European space. A significance of a preparation of the national legal system to this is conditioned by the nature of the consensus as a tool that can perform various functions in judicial jurisprudence. The European consensus is a practical law enforcement tool that effects on decisions of the National Court. It is stressed, the European consensus is a finished practical conception that is used by the ECHR, and it is so called “alive” law enforcement tool for member-states in which it is applied. In certain cases, it allows to ECHR to solve the case, taking into account statements of the national legislation. Firstly, the European consensus is identified on the level of normative rules (legislation system), that has to be implemented, and on the level of principles of legal system. Principles of legal system are general conceptions that are basis of national legal doctrines. It is clear, the adaptation of dominant standards, understanding of the processes and mechanisms of the interpretation of statements of European legislation will be crucial for right using of its on the national level of both judicial and governmental activities. It is emphasized, that the applying of norms of the national law in decisions of the ECHR allows: to strengthen the legality of ECHR decisions, particularly, in cases where ECHR unfolds a gradual interpretation; carries out the persuasion of the parties to the agreement and makes the judgment more acceptable, which allows avoiding arbitrary decision-making.