EUROPEIZATION OF THE LEGAL REGULATION OF THE CREATION AND ACTIVITY OF REPRESENTATIVE BODIES OF STATE POWER IN UKRAINE IN THE CONDITIONS OF MODERN CONSTITUTIONAL REFORM

Abstract

It is demonstrated that the European standards of governance and democracy that Ukraine seeks to implement focus mainly on reforming the parliament. This is due to the need to strengthen representative democracy and ensure effective legislative activity. In many European countries, the head of state performs mainly symbolic or ceremonial functions, which reduces the need for detailed recommendations on this institution. The focus is on the parliament as the key institution that determines the legislative and representative functions of the state, and therefore its reform is a higher priority in the context of improving governance and compliance with democratic standards. In general, the European Union bodies put forward a comprehensive reform of the formation and functioning of the Constitutional Court of Ukraine as one of the conditions for Ukraine’s membership in the EU. They consider it expedient to start this reform by regulating the role of the Head of State and other central public authorities in the selection of candidates for the positions of judges of the single body of constitutional jurisdiction. The European Commission fully agrees with the position of the Venice Commission, which makes its documents binding on Ukraine in this regard. The author identifies two main vectors of europeisation of relations between the President of Ukraine and the Constitutional Court of Ukraine: a) continuation of monitoring of all actions of the Head of State related to the formation of this body; b) replacement of the President of Ukraine in the process of appointment of judges of the Constitutional Court of Ukraine by the Verkhovna Rada of Ukraine. With regard to the first vector, it is noted that the constitutional reform measures are aimed at creating a clear system for the effective and independent selection of judges of the Constitutional Court of Ukraine. This should strengthen the credibility of the court, but requires close monitoring to prevent abuse and to uphold the principles of the rule of law and democratic governance. This is an important step towards fulfilling the conditions for Ukraine’s membership in the European Union.