OIDA International Journal of Sustainable Development
Open-access peer-reviewed journal
https://doi.org/10.64211/oidaijsd190210
Harmonization of National Legislation with International Treaties: Difficulties and Reform Directions
Hanna Ilchenko 1*, Kateryna Sokh 2, Yevhen Romanchenko 3,
Valentyna Lukianets-Shakhova 4, Anastasiya Zvarych 5, Serhii Bielai 6
1 Department of International, Civil and Commercial Law, Faculty of International Trade and Law, State University of Trade and Economics, Kyiv, Ukraine.
2 Department of Constitutional Law, Educational and Scientific Institute of Law and Psychology, National Academy of Internal Affairs, Kyiv, Ukraine.
3 Department of Law and Law Enforcement, Zhytomyr Polytechnic State University, Zhytomyr, Ukraine.
4 Constitutional Law and Human Rights Law Department, National Academy of Internal Affairs, Kyiv, Ukraine.
5 Department of Theory and Philosophy of Law, Faculty of Law, Ivan Franko National University of Lviv, Lviv, Ukraine.
6 Scientific and Methodological Department, Educational and Scientific Center for the Organization of the Educational Process, The National Academy of the National Guard of Ukraine, Kharkiv, Ukraine.
* Corresponding authour: ilchanna@ukr.net
Volume 19, Issue 02, Pg. 117-128, 2026.
Abstract: The research examines the state and problematic aspects of the incorporation of international treaties into the national legal system of Ukraine in the context of European integration. The study reveals the contradictions of constitutional and legal approaches to determining the place of ratified treaties in the system of sources of law. The methodological basis of the research is the analysis of the Constitution of Ukraine, the Legislation of Ukraine on international treaties, procedural codes and the Vienna Conventions. A comparative method was used to compare the Westminster and continental models of implementation. An integrative review of the case law of the Supreme Court of Ukraine, the Constitutional Court of Ukraine, the European Court of Human Rights and the Court of Justice of the European Union was carried out. A systemic and institutional analysis of the procedures of parliamentary control, government coordination and official promulgation of international treaties was used. A set of systemic solutions has been proposed: constitutional clarification of the priority of ratified treaties in the event of a normative conflict; consolidation of the principle of “friendly interpretation” for constitutional control. Codification of judicial standards of application (self-execution test, obligation to verify relevance, requirement to motivate refusal of direct application), formation of an open electronic register of treaties and official translations with implementation maps, and further introduction of preliminary “conventional” and “Euro-compatible” screening of draft laws. It has been substantiated that the institutionalization of the doctrine of friendly interpretation, the definition of a universal test of direct effect and the digitalization of the treaty body, combined with enhanced parliamentary oversight and preventive constitutional control, form a holistic model for the implementation of international treaties. The model will minimize regulatory conflicts, ensure the unification of judicial practice, increase the predictability of legal regulation and catalyze the process of Ukraine’s integration into the legal space of the European Union.
Keywords: international treaties, implementation, national legislation, Constitution of Ukraine, legal system, European integration, standards, patents, standard essential patents, national security, state security.
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