Кафедра підприємництва і права

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Browsing Кафедра підприємництва і права by Subject "harmonization"

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    Certain theoretical issues of legal terminology in the field of bringing Ukrainian legislation into line with the EU acquis
    (Juris Europensis Scientia, 2025) Kalian, O. S.; Кальян, Олександр Сергійович
    The article examines the theoretical foundations of legal terminology in the field of harmonising Ukrainian legislation with the EU acquis in terms of implementing the the EU-Ukraine Association Agreement and our country’s candidate status. The authors analyse the content and correlation of the concepts of “harmonization”, “unification”, “approximation”, “adaptation”, “implementation”, “transposition”, etc. The need to develop a unified, scientifically sound approach to their use and to ensure conceptual clarity as a necessary condition for the implementation of the EU-Ukraine Association Agreement is substantiated. In this context, theoretical developments, the provisions of the Association Agreement, as well as the norms of EU regulations and directives are examined. It is argued that EU regulations mainly perform a unifying function through direct action and direct and uniform application in the member states of the integration association (an example is Regulation (EU) 2018/1672, which unifies the threshold for declaring cash at the border), while directives feature the logic of harmonisation by setting common objectives and minimum standards while preserving national discretion, for example, Directive 2014/65/EU in terms of admission of entities providing investment services, organisational requirements for them and the specifics of investor protection.