Correlation of the National and International Law: the Scientific Realities of Our Time

Among the many urgent problems of our time – the ratio of domestic and international law occupies a central place. This is easy to explain, given the recent political developments and legal realities. In particular, the process of association with the EU demands today from the scientific community informed and professional review, design, close to the practice developments. Of course, we need to create the preconditions for the preparation of the legislative field with respect to Ukraine’s joining the EU.
Harmonization of national legislation is carried out in two main areas – domestic and international harmonization. In the first case, harmonization is provided in three ways: a) synthesis of the legal regulations in individual countries, which leads to the creation of national legal systems; b) the harmonization of legislation of individual countries by adopting regulations based on laws of other countries; c) the harmonization of certain countries of the current legislation by adopting international agreements. At the convergence of international harmonization of national legislation is carried out within the countries that belong to the same legal family or to a common supranational union (EU, etc.). Scientists single out the following eight ways to of harmonization: 1) a multilateral convention without the uniform law; 2) a multilateral convention, which includes a uniform law; 3) a set of bilateral agreements; 4) EU legislation; 5) model law; 6) the codification of rules and customs (performed and published by international non-governmental organization); 7) standard contracts or general contract terms; 8) restatements, prepared by scientists or other experts. International and national law – are two of the same social reality, both have a number of
similar characteristics, traits and act as the internal unity of a higher system – law as a general social phenomenon. However, this does not mean that these legal systems (existing in concrete historical reality) are identical. Of course, they have common characteristics, but there are differences between them, which are determined by economic, social and political structures of a country, as well as the level of culture, tradition, national, demographic factors, etc. It is necessary to establish a mechanism that would for ensuring all governments (the creation of new and expansion of existing authorities of the international organizations). Development of humanity should be the development of global civilization, which combines the heritage and aspirations of all countries and peoples. By the legal nature harmonization of domestic (national) law with international law is an ordering of the national legal systems, on the basis of the nature of law in general and universally recognized human values. In particular, the coordination of the domestic legal system to the international legal system provides for the harmonization of not only the law of the national legal system, but also in the areas of harmonization of legal and justice. Harmonization of national law with international law is not only the «right», but also the duty of the state. Legal obligation of state power to harmonize its national legislation with international law enshrined in numerous, both bilateral and multilateral international instruments. In each state should be created quite clear mechanism for harmonizing national law with international legal system. The fact that the primacy of international law can’t be interpreted quite straightforward in the sense that all domestic regulations are in the «conquest» in international law. In this regard it should be noted that the Constitution of the state which embodies its sovereignty, can’t automatically be a «subordinate» to international law, international treaties concluded by the state with the other members of the international community. It is clear that these problems require careful study of the scientific center corresponding to a tolerant discussion in order to save human civilization and the ideals of world order.