Українською | In English
Viche 2010 №18

№18, 2010

Reformation of Legal Rhetoric in Ukraine: Eurointegration and Adaptation of National Legislation and Right of Ukraine to the Legislation and Right of the EU

Intensive expansion of the European Union within the limits of the continent and its direct neighborhood with Ukraine deepens and strengthens their collaboration that, in its turn, strengthens the processes of Eurointegration of Ukraine as factor of its social and economic development. Adaptation of the legislation of Ukraine to the legislation of the EU is priority direction of collaboration and obligatory condition of Eurointegration. Exactly because of such adaptation the rapprochement of two legal systems takes place. In fact in accordance with article 9 of the Constitution of Ukraine the international agreements ratified by Ukrainian parliament become the part of national legislation of Ukraine.
Consequently, regulations of ratified by the Verkhovna Rada of Ukraine acts of the European right is a part of national right and have force of direct action and become obligatory for implementation on the territory of the state. In such a case the process of rapprochement is observed – through the adaptation and standardization of national legal terminology to the corresponding legal linguistic base of the EU– legal rhetoric of Ukraine with European legal rhetoric.

Taking into consideration that in Ukraine almost every law contains the terminological and conceptual apparatus that causes collision situations even inside one and the same sphere because of disagreements in application of similar terms, it would be expedient to codify all legislation due to branch or functional peculiar features. As in fact the codified act will contain uniform terminological and conceptual apparatus: the only one for the legislation that regulates activity in the concrete sphere. Carrying out the codification of legal terminology, it is worth at once to harmonize it with the European one through incorporating the proper European legal terminology standards to the national code.

 

In addition, the legal “rhetorical” model of standardization of national legal concepts on the basis of the European legal terminology standards has to be developed. Its application is to optimize the process of terminology standardization and to remove disagreements in terminological systems and in term creation process.

Olga OLIYNYK