Theoretical and Methodological Problems of National Legal Implementation of Ukraine’s International Obligations
Theoretical and Methodological Problems of National Legal Implementation of Ukraine’s International Obligations

Summary/Abstract: The relevance lies in the fact that a faithful fulfilment of international obligations is a defining feature of the modern state, especially given the undermining of the common international order by acts of Russian aggression against Ukraine. Despite more than a century of scholarly research into the relationship between international and domestic law, no key theoretical issues or conceptual and categorical framework have been agreed upon, which complicates legal practice and teaching. The purpose of this article is to identify the main theoretical and methodological problems of the relationship between international and domestic law, to apply the latest legal methodologies to investigate their nature, and to harmonise the conceptual and categorical framework as it pertains to the methods of national legal implementation of Ukraine’s international obligations. The methods of analysis are based on an interdisciplinary approach, incorporating the methodologies of legal systemology, morphology, axiology, anthropology, and temporology, which enable us to transcend the traditional normological methodology. The findings reveal that the numerous terms used to describe implementation mechanisms can be categorized into two main categories: transformation and reference. Transformation can take the form of repetition (verbatim reproduction), optimisation, or distortion. It is established that reference ensures synchrony with international law, while transformation always leads to a temporal lag in the national legal system. It is proposed to move beyond the dichotomy of monism and dualism by developing a synergistic legal perspective on the world that recognizes the unity of the legal system while acknowledging the relative independence of its components. Prospects for further research lie in the development of monographic foundations for a synergistic legal worldview, which would open up new theoretical and methodological horizons. It is necessary to initiate a substantive nationwide discussion on the harmonization of the terminological and methodological issues related to the implementation of the law.

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