National-legal harmonization of the institute of justice in the system of integration processes

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

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What Lies Beneath the Euro's Effect on Financial Integration? Currency Risk, Legal Harmonization, or Trade?

SSRN Electronic Journal ◽

10.2139/ssrn.1623325 ◽

2010 ◽

Author(s):

Sebnem Kalemli-Ozcan ◽

Elias Papaioannou ◽

Jose-Luis Peydro

Keyword(s):

Financial Integration ◽

Currency Risk ◽

Legal Harmonization

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Transnational B2C E-Commerce: Legal Harmonization and the Need for a “Second Best Option”

Access to Justice in Transnational B2C E-Commerce ◽

10.1007/978-3-319-11131-5_7 ◽

2014 ◽

pp. 213-253

Author(s):

Sutatip Yuthayotin

Keyword(s):

Second Best ◽

Legal Harmonization

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LEGAL HARMONIZATION IN ASEAN ECONOMIC COMMUNITIES (LOOKING FOR THE BEST LEGAL HARMONIZATION MODEL)

University Of Bengkulu Law Journal ◽

10.33369/ubelaj.v3i2.6895 ◽

2018 ◽

Vol 3 (2) ◽

pp. 134-141

Author(s):

Candra Irawan

Keyword(s):

International Agreements ◽

Soft Law ◽

Regulation System ◽

Legal Basis ◽

Hard Law ◽

Asean Country ◽

Shared Awareness ◽

Asean Countries ◽

Binding Power ◽

Legal Harmonization

ASEAN countries need to be encouraged to make responsive, effective, efficient, non-discriminatory, and pro-competition regulations that are adjusted AEC Blueprint 2025. This means that each ASEAN country needs to harmonize regulations so that the rules that apply in each national territory do not conflict with each other and in line with AEC Blueprint 2025. There is no clear regulation system in force in ASEAN, nor is the legal harmonization mechanism and binding power of the AEC. Questions that should be asked, is the legal basis for the implementation of AEC Blueprint 2025 deliberately based on international agreements only (intergovernmental, soft law) and not upgraded to legal force (primacy principles, hard law)? The most important thing is that there is a shared awareness to build the ASEAN region's economy more productive, advanced and shared prosperity. The commitment is not enough just to use soft law approach, but must be followed by hard law approach (primacy principles). ASEAN leaders should hold talks and seek agreement to implement the principle of supranational (primacy principles) that the implementation of the AEC Blueprint 2025 be adhered to by all member states.

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EU measures of legal harmonization concerning electronic commerce and distance marketing of financial services, data protection, banking contracts and investor protection

Internet Banking and the Law in Europe ◽

10.1017/cbo9780511494703.008 ◽

2009 ◽

pp. 165-228

Author(s):

Apostolos Ath. Gkoutzinis

Keyword(s):

Electronic Commerce ◽

Data Protection ◽

Financial Services ◽

Investor Protection ◽

Legal Harmonization

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Chapter Nine. Worldwide Legal Harmonization of Banking Law and Securities Regulation

European Business Law ◽

10.1515/9783110906554.347 ◽

2012 ◽

Keyword(s):

Securities Regulation ◽

Legal Harmonization

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Harmonization of regulation in water territorial management becoming a fair economic benefit distribution towards regional autonomy

E3S Web of Conferences ◽

10.1051/e3sconf/20184706004 ◽

2018 ◽

Vol 47 ◽

pp. 06004 ◽

Cited By ~ 2

Author(s):

Tedi Sudrajat ◽

Agus Raharjo ◽

Rahadi Wasi Bintoro ◽

Yusuf Saefudin

Keyword(s):

Income Tax ◽

Economic Benefit ◽

Catchment Area ◽

Regional Autonomy ◽

Normative Approach ◽

The Government ◽

Marine Areas ◽

The Comparative Study ◽

Legal Harmonization ◽

Practical Level

The extent of Indonesian territorial waters along with its natural wealth inside brings economic benefit, yet on the other side it invites problems. Especially with the existence of regional autonomy, the competition to obtain the economic benefit causes fiercer competition between regions. The competition causes the division emergence of marine areas which implicates towards the fate of fishermen. This relates to their catchment area, imposition of income tax, and technical restriction on fishing. This research used normative approach by emphasizing the comparative study of water territorial arrangement in various regions. Based on the research, in autonomy region which has marine water, they regulate the object very detail and there are some which exploit their area. The detailed and thorough regulation with its practice sometimes cause the territorial waters dispute among the regions. It causes a confusion for the government or fishermen in obtaining the economic benefit of their own water. Hence, in level of regulation, it needs a legal harmonization between autonomy regions in utilization of water territorial. In practical level it often needs coordination to create fair economic benefit for the stakeholders.

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