Harmonization of the Ukrainian food safety control legislation with the EU law

The article deals with the problems of harmonizing Ukrainian national legislation on the official control of food safety with the relevant requirements of the EU law. Both theoretical and practical challenges of harmonization are examined using comprehensive system analysis coupled with dialectic and comparative analysis research methods. In particular, it has been established that most of the provisions of Ukrainian law applying to food safety checks do not go beyond what is regarded in Ukraine as official oversight. It has been shown that although the safety of food depends on the safety of feed, it is expedient to consider food law and feed law as separate areas of law instead of viewing feed law as part of food law. Special attention is paid to the problems of implementing EU legal requirements into Ukrainian national legislation arising in connection with widespread corruption. It is argued that apart from combating corruption through legal means it is also necessary to use digital technologies for the prevention of corruption in the system of food safety official control. It is also pointed out that some requirements of the EU food law cannot be effectively applied in Ukraine until institutional capacity of the competent authority, responsible for food safety, is improved and appropriate infrastructure for carrying out official controls at the border is built. Besides, proper implementation of the European approach to food safety control requires the application of some soft law instruments, which are currently missing in Ukraine. In particular issuing guidances might be used as a soft law instrument for the clarification of some new provisions of the legislation on food safety official control.

Doi: 10.31359/jnalsu.29(2).2022.261-274