ASPECTS OF MUTUAL INFLUENCE OF EXTENSION PROCESSES OF THE EUROPEAN UNION LEGAL SPACE AND THE REFORMING OF THE LEGAL SYSTEM OF UKRAINE

Abstract

The article defines the main aspects of mutual influence of the legal system of Ukraine reforming processes and the extension of the legal space of the European Union (EU) from the general theoretical viewpoint.

The article defines the category «legal space» as an acknowledged and regulated by law life sphere of people, organizations, states and international institutions in order to achieve the agreed and common goals. The main features of the legal space as a phenomenon of legal reality are outlined: multilevel legal regulation with the application of national and international legal acts, unification of law enforcement rules, mandatory agreement on a consensual basis of actors operating within the legal space. The factors of the EU legal space extension are emphasized. It is noted that the reforming of the legal system of Ukraine and the EU legal space extension are interconnected and complementary processes. At the core of such a relationship lies the political will of Ukraine to recognize and legitimize the norms and principles of EU law on the one hand and the desire of the EU to expand the geographical and spatial boundaries of political, legal and economic influence on the other.

Based on the analysis of provisions of the bilateral cooperation acts of Ukraine and the EU, as well as using the achievements of national scientists who studied the impact of EU law on the national legal system, four main aspects of the mutual influence of transformation processes of the national legal system and the scope of the extension of the regulatory capacity of the European Union law are highlighted. In particular, it is the creation of a legal basis for the development integrated ties between Ukraine and the EU, recognition of the universal values ​​of the EU in Ukraine, and the involvement of Ukraine in European politics. It is pointed to the issue of Ukraine's full participation in the realization of common policies with the EU.     

    It is emphasized, that the main result of active interaction between the national legal system and the EU legal space is the change of methodological approaches to the analysis of the correlation of political borders of the European Union and factual territorial scope of the European legal space, especially legal borders. That is why the modern scientific community faces a new perspective task - to ground the patterns of formation of the optimal model of Ukraine's borrowing of positive legal practices from the EU legal space, provided that the national identity is preserved in the conditions of the national legal system reforming.