Acquis Communautaire as a Factor in the Transformation of Ukraine’s Legal Paradigm (on the Example of Public Procurement and Defence-Related Production)

Abstract

The article examines the process of harmonising Ukraine's national legislation with the acquis communautaire of the European Union in the field of public procurement and defence-related production. Taking into account the fact that the adaptation of legislation is a necessary condition for integration into the EU, the transformational impact of this process on the national legal paradigm is analysed.

It is substantiated that the process of harmonising and unifying Ukrainian legislation with EU law requires a review of the national legal paradigm. Ukraine's law-making activities within the framework of the Association Agreement with the EU provide the institutional basis for the formation of a new paradigm oriented towards European values and standards.

It is noted that the process of European integration as a specific cluster of Ukraine's law-making activities related to the fulfilment of the state’s membership obligations is transforming Ukrainian legislation, primarily in the economic sector. Concerning this, one of the priority areas of law-making activities is the adaptation of legislation in the field of public procurement. The problems that need to be addressed by Ukraine are outlined, despite the progress made in harmonising national legislation with the EU acquis communautaire, in particular with regard to concessions, public-private partnerships, defence procurement, as well as certain provisions on exclusions, criteria for selecting economic operators and the use of the most economically advantageous tender, which gives preference to price. Attention is drawn to the ineffectiveness of control in this area, caused by lack of personnel, duplication of powers and imperfect law enforcement practices.

It has been proven that one of the key areas of law-making activity in the economic sphere is the introduction of a new approach to the development of product legislation. In this context, partial harmonisation of national legislation with the EU acquis communautaire has been achieved in such areas as electromagnetic compatibility, low voltage, radio equipment, cosmetology, recreational craft, civil explosives, machinery, pressure equipment and personal protective equipment.