METHODOLOGICAL BASIS OF NORM-SETTING IN THE CONTEXT OF ADAPTATION TO EUROPEAN UNION LAW: ECONOMIC AND LEGAL PARADIGMS

##plugins.themes.bootstrap3.article.main##

##plugins.themes.bootstrap3.article.sidebar##

Published: Sep 24, 2025

  Iaroslav Petrunenko

  Volodymyr Ustymenko

  Ruslan Dzhabrailov

Abstract

Ukraine is actively moving towards integration with the European Union, as evidenced by the signing of the Association Agreement (2014) and the granting of EU candidate status (2022). These steps have become significant milestones on the path to European integration, opening up new opportunities for Ukraine's political, economic, and legal convergence with EU member states. The adaptation of national legislation to EU law is one of the key stages on the path to European integration. This process requires not only the formal transposition of EU legal norms into national legislation, but also their practical implementation, taking into account the national characteristics of Ukraine's legal system. Accordingly, harmonisation of legislation must be accompanied by institutional reforms, improvement of law enforcement practices and enhancement of the quality of regulatory drafting. The process of legislative drafting, that is to say, the creation of legal norms, is subject to the requirement of compliance with EU standards and principles. The principles of legislative drafting are aimed at ensuring that laws are not only adopted but also effectively implemented. Adaptation to EU law is not merely a matter of formal transposition of norms; it is also contingent on their practical implementation. The purpose of this study is to summarise the conceptual foundations and methodological principles of norm-setting as a law-making process, to identify effective adaptation mechanisms for integrating Ukrainian legislation into the legal space of the European Union, taking into account the challenges and prospects identified for Ukraine within the economic and legal paradigms of the present day. Methodology. The restructuring of domestic law during the formation of the Ukrainian legal system and Ukraine's subsequent integration into the European legal field is a dynamic process that requires constant methodological reflection. This study was conducted according to the principles of dialectical logic. The multifaceted and multifactorial nature of the law-making process necessitates a systematic, structural-functional and situational approach to its study. The provisions and conclusions were developed using theories of rational choice and a comparative approach. Within the scope of the conclusions, it can be stated that the formation and functioning of the legal system is a law-making process. The dynamics of processes occurring both around and within the system can have two different development patterns: unifying and disunifying. Legal monitoring in the law-making process is designed to identify them, while ensuring the implementation of the predictive function of law. The process of drafting regulations and adapting Ukrainian national legislation to EU law is a complex and multifaceted task that requires consideration of both the fundamental principles of regulatory drafting and new challenges posed by the specific nature of the European legal space and current global trends. Adapting legislation is a complex and multidimensional process which, in addition to implementing reforms and close coordination between state bodies and EU institutions, requires interaction with expert communities and international partners. The analysis presented in the article indicates that despite achievements in harmonising legislative norms and Ukraine's attempts to reform a significant part of the legal sector, there are still problems that require a wide range of opportunities and more decisive action on the part of both Ukraine and the EU. In general, the difficulties lie in the lack of a regulatory framework on the basis of which it is possible to effectively influence legislative changes, difficulties in legal support, corruption at all levels of government, and many other problems of an informational, economic and political nature. Such challenges are an obstacle to the further effectiveness of the integration process and have a negative impact not only on the country's reputation but also on the assistance provided by EU Member States. Successfully addressing these challenges is key to Ukraine's European integration, its development and a stable and competitive future as a powerful, free and economically developed country. Effective regulatory drafting will be a key factor in Ukraine's integration into the EU, contributing to the strengthening of the legal system and ensuring compliance with European standards in all areas of public life, in order to achieve the development and prosperity of the state.

How to Cite

Petrunenko, I., Ustymenko, V., & Dzhabrailov, R. (2025). METHODOLOGICAL BASIS OF NORM-SETTING IN THE CONTEXT OF ADAPTATION TO EUROPEAN UNION LAW: ECONOMIC AND LEGAL PARADIGMS. Baltic Journal of Economic Studies, 11(4), 140-149. https://doi.org/10.30525/2256-0742/2025-11-4-140-149
Article views: 89 | PDF Downloads: 38

##plugins.themes.bootstrap3.article.details##

Keywords

normative drafting, lawmaking, legal methodology, EU law, European integration, legal adaptation, economic and legal paradigms, problems of socio-economic transformations, sustainable development

References

Nikolenko, L. M. (2025). Principles of Legislative Drafting in the Context of Adaptation to the European Union Law. Legal scientific electronic journal, 3. DOI: https://doi.org/10.32782/2524-0374/2025-3/119

Ustymenko, V. A., & Derevyanko, B. (2025). Focus of Normative Drawing on the Implementation of the UN Guiding Principles on Business and Human Rights: Self-Analysis Using the Danish Institute for Human Rights Checklist. Economics and Law. Available at: https://nasu-periodicals.org.ua/index.php/economiclaw/article/view/20543/19569

Gumeniuk, T. I. (2025). Mechanisms of Adaptation of Ukrainian Legislation to the EU Legal System: Problems And Prospects. Legal Scientific Electronic Journal. Available at: http://lsej.org.ua/3_2025/12.pdf

Frantsuk, A. Y., & Lazebna, K. Yu. (2020). Mechanisms of adaptation of Ukrainian legislation to the legal system of the European Union. Legal Bulletin of the University "KROK", 38. Available at: https://lbku.krok.edu.ua/index.php/krok-university-law-journal/article/view/248

Ryndyuk, V. I., & Kuchynska, O. Yu. (2024). Adaptation of national legislation to EU law: experience of member states and candidate countries for Ukraine. Scientific Bulletin of Uzhgorod National University, 82(1), 120–126. Available at: https://visnyk-juris-uzhnu.com/wp-content/uploads/2024/05/19.pdf

Moroz, O. B. (2020). Problems of adaptation of Ukrainian legislation to the legislation of the European Union. Almanac of International Law, 23, 21–28. Available at: https://dspace.lvduvs.edu.ua/bitstream/1234567890/3591/1/%D0%BC%D0%BE%D1%80%D0%BE%D0%B7.pdf

Fokin, Ya. F. (2014). Problems and prospects of adapting the legislation of Ukraine to the norms of the EU during armed aggression. Problems of modern transformations. Series: law, public management and administration, 12. Available at: https://pdp.nacs.gov.ua/courses/adaptatsiia-zakonodavstva-ukrainy-do-prava-yevropeiskoho-soiuzu-ta-yevroatlantychna-intehratsiia

Rudyk, P. A. (2023). Current issues of the development of the state legislation of Ukraine during the integration of Ukraine into the pan-European system of collective security. International Scientific Journal "Grail of Science", 31, 109–124. DOI: https://doi.org/10.36074/grail-of-science

Demchuk, D., & Shipilova, L. (2024). Challenges and Opportunities of Adapting Ukrainian Legislation to EU Standards. P. 19–20. Available at: https://ipacs.knu.ua/pages/osn/2/news/2112/files/6598623b-90b4-4f0e-a02a-33621cdb7e61.pdf

Khaustova, M. G. (2018). Legal Integration: The Theoretical Aspect. Bulletin of the National Academy of Legal Sciences of Ukraine, Vol. 25, No. 1. Available at: https://visnyk.kh.ua/web/uploads/pdf/%D0%92%D0%B5%D1%81%D1%82%D0%BD%D0%B8%D0%BA_1_2018-192-203.pdf

Yakovyuk, I. V. (2013). Legal foundations of integration into the EU: general theoretical analysis: monograph. Kharkiv: Pravo, 760 p. Available at: https://dspace.nlu.edu.ua/handle/123456789/11813

Petrunenko, I. V. (2025). Models of regulatory activity in EU countries: comparative analysis and recommendations for Ukraine. Constitutional State, 58, 176–189. Available at: http://pd.onu.edu.ua/article/view/331005/322046

Revenko, A. D. (2019). Integration or disintegration: lessons of reforming the Eurozone. International relations: theoretical and practical aspects, 4, 104–114. Available at: http://international-relations.knukim.edu.ua/article/view/177642/177489

Melnyk, Ya. Ya. (2025). Disintegration In The Legal System As A Legislative Process. Legal Scientific Electronic Journal. Available at: http://lsej.org.ua/3_2025/8.pdf

Kharytonova, O. I., Kharytonov, E. O. (2002). Comparative Law of Europe: Fundamentals of Comparative Law. European Traditions. Kherson: "Odyssey", 592 p.

Comparative jurisprudence (2012): textbook / S.P. Pogrebnyak, D.V. Lukyanov, I.O. Bylya-Sabadash and others; ed. by O.V. Petryshyna. Kharkiv: Pravo, 272 p. Available at: https://surl.li/iyxjqz

Great Ukrainian Encyclopedia (2017): in 20 volumes. Kh.: Pravo, 2016. Vol.: 3: General Theory of Law / ed.: O.V. Petryshyn (chairman) and others; National Academician of Law Sciences of Ukraine; V.M. Koretsky Institute of State and Law of the NAS of Ukraine; Yaroslav the Wise National Law University, 952 p.

The Law of Ukraine "On Law-Making Activities" of August 24, 2023. The Official Bulletin of the Verkhovna Rada (BVR), 2023, No. 93, Art. 364. Available at: https://zakon.rada.gov.ua/laws/show/3354-20#Text

Yuskiv, N. V. (2014). Legal Problems of State Formation in Modern Ukrainian Transformational Realities. Bulletin of the National University "Lviv Polytechnic". Lviv. Series, Legal Sciences, 801, 86–91. Available at: https://science.lpnu.ua/sites/default/files/journal-paper/2017/may/2148/vnulpurn201480118.pdf

Yavir, V. A. (2018). Ethnopolitical integration and disintegration in the modern world: a political and legal concept: monograph. Kyiv: Logos, 448 p.

Association (16.09.2014). Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand: Ratified by Law No. 1678-VII of 16.09.2014. Available at: https://zakon.rada.gov.ua/laws/show/984_011#Text

The Law of Ukraine "On the State Programme for Adaptation of Ukrainian Legislation to the Legislation of the European Union" of March 18, 2004. The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 2004, No. 29, Article 367. Available at: https://zakon.rada.gov.ua/laws/show/1629-15#Text

The Resolution of the Cabinet of Ministers of Ukraine "On Implementation of the Association Agreement between Ukraine, On the One Hand, and the European Union, the European Atomic Energy Community and their Member States, On the Other Hand" of October 25, 2017, No. 1106. Available at: https://ips.ligazakon.net/document/view/kp171106?ed=2020_09_09&an=8332

Report on the Implementation (20.03.2024) Report on the Implementation of the Association Agreement between Ukraine and the European Union for 2023. Available at: https://eu-ua.kmu.gov.ua/wp-content/uploads/Zvit-pro-vykonannya-Ugody-pro-asotsiatsiyu-mizh-Ukrayinoyu-ta-YEvropejskym-Soyuzom-za-2023-rik.pdf

Deliatynchuk, A. I. (2024). Shaping the Socio-Economic Development of the State and Local Territories: Scientific and Theoretical Approaches and Modern Models. Scientific perspectives. Available at: http://perspectives.pp.ua/index.php/np/article/view/18237/18288

Hartley, T. C. (2017). The Foundations of European Union Law (8th ed.). Oxford University Press, 503 р.