The Implementation of the EU Acquis in Ukraine: Lessons from Legal Transplants
Ukrainian Private Law and the European Area of Justice (Beiträge zum ausländischen und internationalen Privatrecht, 127), pp. 21-32, Eugenia Kurzynsky-Singer, Rainer Kulms, eds., Mohr Siebeck, 2019
14 Pages Posted: 5 Apr 2019 Last revised: 9 Apr 2019
The Europeanisation of Ukrainian private law is determined by the Association Agreement between the EU and Ukraine, which was concluded in 2014 and obliges Ukraine to an extensive approximation of national legislation to European requirements with the aim of achieving the economic integration of Ukraine into the EU internal market. This obligation reflects the idea that market integration is not possible without an approximation of legal standards. Therefore, the aim of the obligation to implement the EU acquis as settled in the Association Agreement is to create in the Ukraine similar market conditions as in the EU and to promote the Europeanisation of Ukrainian law. Insofar, this process is part of a value-based Europeanisation of the entire Ukrainian society. In terms of specific values, the preamble and Articles 2 and 3 of the Association Agreement enumerate especially respect for democratic principles, the rule of law, good governance, human rights and fundamental freedoms, human dignity and a commitment to the principles of a free market economy. In this sense, the creation of similar market conditions presupposes a change of the entire legal and institutional environment. The Europeanisation of private law, which will be addressed in this paper, is only a part of this process.
Note: This contribution is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Mohr Siebeck.
Keywords: Ukraine, legal transplants, transformation, private law, Association Agreement
Suggested Citation: Suggested Citation