CONVERGENCE OF NATIONAL AND INTERNATIONAL LAW IN GREAT BRITAIN, POLAND AND UKRAINE: CURRENT STATE AND PROSPECTS

Abstract

The article examines the peculiarities of the relationship between national and international law in Great Britain, Poland and Ukraine, taking into account constitutional provisions and the practice of the European Court of Human Rights. The principles of the relationship between national and international law are enshrined in the sources of constitutional law of the respective countries and international legal acts. The authors, in particular, investigate the manifestations of crisis phenomena in Great Britain regarding the recognition and application of international legal acts and the decisions of the European Court of Human Rights based on them. It has been established that in the past Great Britain has repeatedly criticized the decisions of the European Court of Human Rights and allowed the adoption of relevant changes to domestic legislation, with the aim of non-implementation of certain decisions of the said court. However, to date, the Bill of Rights has been prepared in Great Britain, which will allow the British authorities not to consider the rulings of the European Court of Human Rights binding. The authors draw attention to the fact that the position of Great Britain in the researched area can harm both the activities of the ECtHR in particular and the international legal order in general. It was established that the Republic of Poland, despite the principle of the supremacy of the law of the European Community and the priority of international legislation enshrined in the Constitution, is trying to recognize the inconsistency of European legislation with its own Constitution in the Constitutional Court. The authors analyzed Poland's arguments regarding the unconstitutionality of the European Convention on the Protection of Human Rights in terms of recognizing the competence of the European Court of Human Rights regarding the evaluation of the legality of the selection of judges of the Constitutional Tribunal. The authors of the article emphasize that in Europe, in particular in the studied countries, there are differences in relation to migration, judicial and other issues. A conclusion is made about the expediency of Ukraine's further integration into the European community, as well as the need to use international law in order to stop and punish military aggression in order to increase trust in the international law of other European countries.