Sources of financial law in Ukraine and the European Union: comparative legal aspect

Purpose Particular attention has been paid to the need to adapt the sources of financial law of Ukraine to the acquis communautaire. This paper emphasizes that the system of sources of financial law is inherently dynamic, which is reflected in the constant development of both its content and externa...

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Veröffentlicht in:International journal of law and management 2022-06, Vol.64 (4), p.358-367
Hauptverfasser: Glukh, Maryna, Matselyk, Tetiana, Anistatenko, Julia, Anisimova, Maryna, Rohozinnikova, Kateryna
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Sprache:eng
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Zusammenfassung:Purpose Particular attention has been paid to the need to adapt the sources of financial law of Ukraine to the acquis communautaire. This paper emphasizes that the system of sources of financial law is inherently dynamic, which is reflected in the constant development of both its content and external form of expression. Design/methodology/approach This paper analyzes the main approaches to determining sources of law. The main features and peculiarities of the sources of financial law in Ukraine have been outlined. The positions of scholars on the characteristics of the sources of financial law of the European Union (EU) have been analyzed. Findings It is considered appropriate to allow soft law to belong to one of the sources of financial law. It is established that the adaptation of financial legislation of Ukraine to EU law is due to the following objectives: implementation of theoretical and practical experience of EU member states in the form of European standards enshrined in the sources of EU law; and harmonization of the rules of financial activity in Ukraine to the norms of EU financial law is necessary to ensure the free movement of persons, goods, services and capital. Originality/value The directives of the EU that regulate financial relations and the state of their implementation have been described. This paper proposes to improve the sources of financial law of Ukraine to harmonize the national legislation of Ukraine with the standards of the EU.
ISSN:1754-243X
1754-2448
DOI:10.1108/IJLMA-02-2022-0036